Defendant's Motion for Second Extension of Time — No. 2:21-cr-00081 (Dkt. 85, C.D. Cal.)

Summary

A defendant's motion for a second extension of time to surrender to serve a custody sentence, filed in the U.S. District Court for the Central District of California in United States v. Hassan Shaban Kanyike, Dist. Ct. No. 2:21-CR00081, docketed as 2:21-cr-00081, as Document 85 of 8 pages, by attorney Mark Haushalter of Okabe and Haushalter. Kanyike asks the Court to continue his date to voluntarily surrender to the Bureau of Prisons by approximately 90 days, from Monday, February 22, 2022 to on or before May 22, 2022, citing extraordinary circumstances: a chronic sinus condition, a current sinus infection and difficulty breathing, supported by his attached declaration and a letter and medical records from Allen N. Cohen, M.D., as Exhibit A. The filing ends with an electronic signature block.

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     Case 2:21-cr-00081-VAP Document 85 Filed 02/16/22 Page 1 of 8 Page ID #:641




     Mark Haushalter, State Bar No.: 208935
 1   OK.ABE & HAUSHALTER
     1230 Rosecrans Ave, Ste 300
 2   Manhattan Beach, CA 90266-2494
     Tel. (310) 543-7708
 3   Fax. (424) 456-3197
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     Attorneys for Defendant/Appellant
 5   HASSAN SHABAN KANYIKE
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                     IN THE UNITED STATES DISTRICT COURT
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                  FOR THE CENTRAL DISTRICT OF CALIFORNIA
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10         UNITED STATES OF AMERICA,

11                           Plaintiff,           Dist. Ct. No. 2:21-CR00081
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                       vs.
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15         HASSAN SHABAN KANYIKE
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                             Defendant.
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21        DEFENDANT'S MOTION FOR SECOND EXTENSION OF TIME
22              TO SURRENDER TO SERVE CUSTODY SENTENCE
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     Case 2:21-cr-00081-VAP Document 85 Filed 02/16/22 Page 2 of 8 Page ID #:642




            Defendant HASSAN SHABAN KANYIKE moves and requests that this

 2   Court continue the date for him to voluntarily surrender to the Bureau of Prisons
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     ("BOP") to begin serving his sentence. He requests an approximate 90-day
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     continuance of this self-surrender date, which is currently scheduled for Monday,
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     February 22, 2022, to on or before May 22, 2022.

 7         This motion/request is based on the following extraordinary circumstances:
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            1.      Defendant has a chronic sinus condition and currently is suffering from
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     a sinus infection.     See Declaration of Hassan Shaban Kanyike, attached, and

11   Letter/Medical Records from Allen N. Cohen, M.D., Exhibit "A."

12          2.      Defendant currently has difficulty breathing in the morning hours,
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     repeated nose bleeding, constant headaches, nasal congestion, and constant pain and
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     pressure in the sinuses. He suffers from regular fevers. See Declaration of Hassan
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16    Shaban Kanyike, attached, and Letter/Medical Records from Allen N. Cohen, M.D.,

17   Exhibit "A."
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            3.      Defendant has had the condition since approximately 2015. When he
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     recently contracted Covid, it appears to have gotten worse. When Defendant visited
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21   his physician on January 20, 2022, he recommended that Defendant get the surgery
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     because his sinus was swollen. Currently, his surgery is scheduled for March 17,
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      2022. He will require a two-month recovery period after that. See Declaration of
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     Case 2:21-cr-00081-VAP Document 85 Filed 02/16/22 Page 3 of 8 Page ID #:643




     Hassan Shaban Kanyike, attached, and Letter/Medical Records from Allen N.

 2   Cohen, M.D., Exhibit "A."
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           4.      During the recovering period after surgery, and in order to prevent
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     infection which may cause further damage, Defendant must be in an extremely clean
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 6   environment and make sure that he attends the appropriate follow up appoints.

 7         5.      After surgery, Defendant must rinse his sinuses twice daily with
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     distilled water or tap water that has been previously boiled in order to avoid
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     infections.    See Declaration of Hassan Shaban Kanyike, attached, and
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11   Letter/Medical Records from Allen N. Cohen, M.D., Exhibit "A."

12         6.      On November 15, 2021, this Court sentenced the defendant to 51
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     months in prison. At the time of sentencing, and in its Judgment and Commitment
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     Order (dated November 16, 2021 ), this Court ordered the defendant to voluntarily
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16   surrender on January 14, 2022.    On or about January 13, 2022, this Court ordered
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     Defendant's surrender date changed to February 22, 2022 following his Motion for
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     Extension of Time to Serve Custodial Sentence.
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     Case 2:21-cr-00081-VAP Document 85 Filed 02/16/22 Page 4 of 8 Page ID #:644




           Thus, to allow time for Defendant to receive his surgery and to recover,

 2   Defendant respectfully requests the Court to permit him to surrender no later than
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     May 22, 2022.
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     DATE: February 16, 2022        Respectfully Submitted,
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 6                                  OKABE AND HAUSHALTER
                                        /s Mark J. Haushalter
 7                                  By: _ _ _ _ _ _ _ _ __
                                    Mark J. Haushalter
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                                    Attorneys for Defendant Hassan Shaban Kanyike
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     Case 2:21-cr-00081-VAP Document 85 Filed 02/16/22 Page 5 of 8 Page ID #:645




                      DECLARATION OF HASSAN SHABAN KANYIKE

 2         I, Hassan Shaban Kanyike, declare:
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           I.     I am the Defendant in this action.
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           2.     On November 15, 2021, this Court ordered me to surrender on or
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 6   before January 14, 2022 to begin serving the custody portion of my sentence: 51

 1   months.
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           3.     On January 9, 2022, I tested positive for Covid-19. I have since
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     recovered.
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11         4.     I have a chronic sinus condition and currently suffer from a sinus

12   infection. I have difficulty breathing in the morning hours, repeated nose
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     bleeding, constant headaches, nasal congestion, and constant pain and pressure in
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     the sinuses. I suffer from regular fevers.
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16         5.     I have had the condition since approximately 2015. When I recently
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     contracted Covid, it appears to have gotten worse. When I visited my physician on
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     January 20, 2022, he recommended that I get the surgery because my sinuses were
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     swollen. Currently, my surgery is scheduled with Dr. Alen N. Cohen, M.D., in

21   West Hills, California, for March 17, 2022. Dr. Cohen advised I will require a
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     two-month recovery period after that.
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     Case 2:21-cr-00081-VAP Document 85 Filed 02/16/22 Page 6 of 8 Page ID #:646




             6.        During the recovering period after surgery, and in order to prevent

 2   infection which may cause further damage, I must be in an extremely clean
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     environment and make sure that I attend the appropriate follow up appointments.
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             7.        After surgery, I must rinse my sinuses twice daily with distilled water
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     or tap water that has been previously boiled in order to avoid infections.

 7           8.        In order to allow me time to receive surgery and to recover from it, I
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     respectfully request the Court to permit me to surrender no later than May 22,
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     2022.
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11           I declare that the foregoing is true and correct to the best of my knowledge

12   and belief. Executed this 16th day of February 2022 in Los Angeles, California.
13           ffAJJA!V ICA!VYl!Ce
             HASSAN KANYIKE (Feb 16, 2022 10:29 PST)

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             Hassan Shaban Kanyike
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     Case 2:21-cr-00081-VAP Document 85 Filed 02/16/22 Page 7 of 8 Page ID #:647




                                 CERTIFICATE OF SERVICE

 2         I hereby certify that a true and correct copy of the Motion of Defendant to
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     Continue the Date for the Defendant to Surrender to the Bureau of Prisons has
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     been filed on ECF and thus served upon:
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     Richard E. Robinson, Assistant U.S. Attorney
     Office of the United States Attorney
 1   312 North Spring Street, 11th Floor
     Los Angeles, CA 90012
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                                             Isl Mark J. Haushalter
 9   DATE:       February 16, 2022
                                           Mark J. Haushalter

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           Case 2:21-cr-00081-VAP Document 85 Filed 02/16/22 Page 8 of 8 Page ID #:648



       kanyike.motion.extend.time.surrender.2.15.2022
      Final Audit Report                                                                          2022-02-16

         Created:            2022-02-16

         By:                 bruce zucker (bzucker@gmail.com)

         Status:             Signed

         Transaction ID:     CBJCHBCAABAAGt06Lna5Pr4qN9mJ3OHOAWDG9SLJ9Wlr




       "kanyike.motion.extend.time.surrender.2.15.2022" History
       'El Document created by bruce zucker (bzucker@gmail.com)
          2022-02-16 - 6:26:41 PM GMT- IP address: 76.255.130.246


      C: Document emailed to HASSAN KANYIKE (hassanshaban2012@gmail.com) for signature
          2022-02-16- 6:27:00 PM GMT


       'El Email viewed by HASSAN KANYIKE (hassanshaban2012@gmail.com)
          2022-02-16- 6:27:01 PM GMT- IP address: 74.125.216.208


       60 Document e-signed by HASSAN KANYIKE (hassanshaban2012@gmail.com)
           Signature Date: 2022-02-16-6:29:59 PM GMT-Time Source: server- IP address: 108.185.253.14


       ~ Agreement completed:
          2022-02-16 - 6:29:59 PM GMT




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