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Order — United States v. Sheng-Wen Cheng (Southern District of New York, Document 83, filed October 21, 2024)

Summary

An order dated October 21, 2024, by Judge Ronnie Abrams in United States v. Sheng-Wen Cheng, Case 1:21-cr-00261-RA (Document 83). It states that Mr. Cheng was sentenced principally to 72 months' imprisonment after pleading guilty to four counts of fraud, and that he later moved for compassionate release. It notes that Amendment 821 to the Sentencing Guidelines took effect on November 1, 2023, and that a Probation Department report says his amended Guidelines range would be 63 to 78 months instead of 78 to 97 months. The order directs the government and Mr. Cheng to state their positions on his eligibility for a reduced sentence by October 25, 2024.

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“Order — United States v. Sheng-Wen Cheng (Southern District of New York, Document 83, filed October 21, 2024).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-s-d-n-y-no-1-21-cr-00261-dkt-83-s-d-n-y-546464629b/, SHA-256 8f57f812737b54c47b48b6f98d3327b97add633f4c7e47a0a63d129f5471ef24.

Full text

          Case 1:21-cr-00261-RA        Document 83       Filed 10/21/24      Page 1 of 2

                                                                  USDC-SDNY
                                                                  DOCUMENT
                                                                  ELECTRONICALLY FILED
UNITED STATES DISTRICT COURT                                      DOC#:
SOUTHERN DISTRICT OF NEW YORK                                     DATE FILED:


 UNITED STATES OF AMERICA,
                                                                No. 21-cr-261 (RA)
                       v.
                                                                     ORDER
 SHENG-WEN CHENG,

                            Defendant.


RONNIE ABRAMS, United States District Judge:

       On August 11, 2021, Defendant Sheng-Wen Cheng was sentenced principally to a term of

72 months’ imprisonment following his guilty plea to four counts of fraud. Two years later, Mr.

Cheng filed a motion for compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A), arguing

that a reduced sentence was appropriate because he was the victim of a prison stabbing and because

he faced harsh prison conditions during the COVID-19 pandemic. See Doc. No. 69.

       Since Cheng filed that motion, Amendment 821 to the United States Sentencing Guidelines

took effect, on November 1, 2023. As relevant here, Amendment 821 provides a two-level

reduction in total offense level for defendants who did not receive any criminal history points and

meet several other criteria. See U.S.S.G. § 4C1.1(a). The Sentencing Commission has made these

amendments retroactive.

       The Probation Department has issued a report indicating that Mr. Cheng is eligible for the

two-point reduction in section 4C1.1(a). See Doc. No. 80. According to that report, Mr. Cheng’s

amended Guidelines range should be 63 to 78 months instead of the original range of 78 to 97

months.

       Mr. Cheng’s eligibility under Amendment 821 would largely moot his motion for

compassionate release, since he could obtain a resentencing without demonstrating the sort of
          Case 1:21-cr-00261-RA       Document 83       Filed 10/21/24    Page 2 of 2




“extraordinary and compelling reasons” required by 18 U.S.C. § 3582(c)(1)(A). Accordingly, it

is hereby ordered that no later than October 25, 2024, the government and Mr. Cheng shall advise

the Court of their positions on whether Mr. Cheng is eligible for a reduced sentence under

Amendment 821 and section 4C1.1(a). The parties may also supplement the section 3553(a)

arguments made in their compassionate release filings, including by explaining whether any new

factual developments counsel for or against a reduced sentence.

SO ORDERED.

 Dated:         October 21, 2024
                New York, New York
                                                   ________________________________
                                                   Ronnie Abrams
                                                   United States District Judge

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