Motion — No. 1:23-cr-00219 (Dkt. 183, E.D. Cal.)

Summary

A Motion to Extend Time to File Motion for New Trial, with an order, Document 183 filed May 18, 2026 in the Eastern District of California (Case 1:23-cr-00219-DAD-EPG), United States v. David He, filed by defense attorney Anthony P. Capozzi. A verdict was returned May 5, 2026, so a Rule 33(b)(2) motion for new trial would be due May 19, 2026. Counsel says the jury trial ran about twelve days, he has not had time to review his notes, and he has other hearings and trials scheduled through June 30, 2026. The sentencing date is August 24, 2026, the government does not oppose, and the order signed by Judge Dale A. Drozd extends the deadline to July 10, 2026.

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     Case 1:23-cr-00219-DAD-EPG             Document 183           Filed 05/18/26        Page 1 of 3


 1     ANTHONY P. CAPOZZI, SBN: 068525
       THE LAW OFFICE OF ANTHONY P. CAPOZZI
 2     1233 WEST SHAW AVENUE, SUITE 102
       FRESNO, CALIFORNIA 93711
 3     Telephone: (559) 221-0200
       Facsimile: (559) 221-7997
 4     E-Mail: anthony@capozzilawoffices.com
       www.capozzilawoffices.com
 5

 6     Attorney for Defendant,
       DAVID HE
 7

 8                                      UNITED STATES DISTRICT COURT
 9                                  EASTERN DISTRICT OF CALIFORNIA
10                                                      ******
11      UNITED STATES OF AMERICA,                                   CASE NO.: 1:23-CR-00219-DAD-EPG-1
12                         Plaintiff,
                                                                              MOTION
13             v.                                                               TO
                                                                           EXTEND TIME
14      DAVID HE,                                                             TO FILE
                                                                     MOTION FOR NEW TRIAL; AND
15                         Defendant.                                         ORDER
16

17            Defendant, DAVID HE, by and through his attorney of record, moves for an extension of
18     time in which to file new trial motions.
19            Said request is based upon the Declaration of Anthony P. Capozzi.

20        1) This attorney represented the defendant, David He in the jury trial of this case.

21        2) A verdict was returned on May 5, 2026.

22        3) Rule 33(b)(2) of the Federal Rules of Criminal Procedure requires that a Motion for New

23            Trial be filed within fourteen days of the verdict, which would be May 19, 2026.

24        4) The jury trial went on for approximately twelve days. This attorney has not had the time to

25            review the notes taken in this case nor do any research.

26        5) The sentencing date is August 24, 2026.

27        6) It is respectfully requested that this attorney be granted an extension based on the

28            following schedule:

                                                           -1-
                                    USA V. DAVID HE, CASE NO.: 1:23-CR-00219-DAD-EPG-1
                                             MOTION TO EXTEND TIME TO FILE
     Case 1:23-cr-00219-DAD-EPG           Document 183           Filed 05/18/26     Page 2 of 3


 1              a. From May 11, 2026 through June 12, 2026, this attorney is scheduled to appear in

 2                  numerous cases in the Federal District Court and Fresno County Superior Court.

 3              b. In United States v. Yama, case number 1:21-CR-00272-JWH-EPG, lengthy

 4                  motions hearings were held on May 11, 2026 and in limine motions are due on

 5                  May 29, 2026.

 6              c. On June 16, 2026, this attorney is scheduled to appear in a jury trial in People v.

 7                  Baronian, case number MCR055617, Madera County Superior Court. This offense

 8                  occurred in 2017. The jury trial is expected to go for two weeks.

 9              d. On June 30, 2026, in Perez v. Alnajar, et al., case number 24CECG03606, Fresno

10                  County Superior Court, a mediation is scheduled which should last the entire day.

11       7) The government has no opposition to a request for a continuance.

12       8) It is respectfully requested that the time to file motions for new trial be filed no later than
13          July 10, 2026.

14

15       I declare under penalty of perjury that the foregoing is true and correct.

16       Executed on the 15th day of May, 2026.

17

18                                                             Respectfully submitted,

19
                                                               /s/ Anthony P. Capozzi          .
20                                                             ANTHONY P. CAPOZZI, Attorney for
                                                               DAVID HE
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                                                      -2-
                               USA V. DAVID HE, CASE NO.: 1:23-CR-00219-DAD-EPG-1
                                        MOTION TO EXTEND TIME TO FILE
     Case 1:23-cr-00219-DAD-EPG          Document 183            Filed 05/18/26        Page 3 of 3


 1                                                   ORDER

 2

 3              IT IS HEREBY ORDERED that Defendant’s request is GRANTED.

 4              IT IS FURTHER ORDERED that the deadline for filing any Motion for New Trial be

 5     extended up to and including July 10, 2026.

 6              IT IS SO ORDERED.
 7
       Dated:     May 15, 2026
 8                                                         DALE A. DROZD
                                                           UNITED STATES DISTRICT JUDGE
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                                                         -3-
                                  USA V. DAVID HE, CASE NO.: 1:23-CR-00219-DAD-EPG-1
                                           MOTION TO EXTEND TIME TO FILE


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