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Order — United States v. Sheng-Wen Cheng (Southern District of New York, Document 27, filed August 5, 2021)

Summary

An order dated August 5, 2021, by Judge Alison J. Nathan in United States v. Sheng-Wen Cheng, Case 1:21-cr-00261-AJN (Document 27). It states that on August 2, 2021, the Government moved to let a victim, Rishan Bhagowat, speak at Mr. Cheng's sentencing by telephone, and that the Government represents he currently resides in Dubai. Mr. Cheng opposed the motion because Mr. Bhagowat submitted a written victim impact statement. The Court grants the motion, citing the victim's "right not to be excluded" and "right to be reasonably heard," and sets the hearing for August 10, 2021, at 3:00 p.m.

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“Order — United States v. Sheng-Wen Cheng (Southern District of New York, Document 27, filed August 5, 2021).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-s-d-n-y-no-1-21-cr-00261-dkt-27-s-d-n-y-d4e548b97e/, SHA-256 34d35101ea79f3e42bfdd583066d3914fda3d0180330d6815885a23c26d4b46d.

Full text

          Case 1:21-cr-00261-AJN Document 27 Filed 08/05/21 Page 1 of 2


UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

                                                                                    8/5/21
  United States of America,


                 –v–                                                           21-cr-261 (AJN)

                                                                                   ORDER
  Sheng-Wen Cheng,
        a/k/a “Justin Cheng,”
        a/k/a “Justin Jung,”

                        Defendant.


ALISON J. NATHAN, District Judge:

       On August 2, 2021, the Government filed a motion to request that a victim of Mr.

Cheng’s crimes, Rishan Bhagowat, be permitted to speak at Mr. Cheng’s sentencing by

telephone. Dkt. No. 24. The Government represents that Mr. Bhagowat currently resides in

Dubai in the United Arab Emirates. Dkt. No. 24. Mr. Cheng opposes the motion because “Mr.

Bhagowat has submitted a victim impact statement to the Court in writing and cannot appear in

person.” Dkt. No. 24. Mr. Bhagowat, as a crime victim, has a “right not to be excluded” from

Mr. Cheng’s public sentencing proceeding and a further “right to be reasonably heard” at that

sentencing. 18 U.S.C. §§ 3771(a)(3)–(4); see also Fed. R. Crim. P. 60(a)(3). The Court

therefore GRANTS the Government’s motion to permit Mr. Bhagowat to appear and be heard at

Mr. Cheng’s sentencing hearing via telephone.

       The Court will provide to the Government the proper dial-in information so that Mr.

Bhagowat may attend the hearing on August 10, 2021, at 3:00 p.m.

       SO ORDERED.

Dated: August 5, 2021                             __________________________________
       New York, New York                                 ALISON J. NATHAN
Case 1:21-cr-00261-AJN Document 27 Filed 08/05/21 Page 2 of 2


                                     United States District Judge




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