Stipulation — No. 1:23-cr-00219 (Dkt. 195, E.D. Cal.)
Summary
A Stipulation to Extend Time to File Motion for New Trial to August 24, 2026, with order, Document 195, filed 07/10/26 in United States v. David He, Case No. 1:23-CR-00219-DAD-EPG-1, in the U.S. District Court for the Eastern District of California, signed by defense attorney Anthony P. Capozzi and Assistant United States Attorney Joseph D. Barton. Capozzi declares that the jury trial transcripts were not available until June 19, 2026 and that the presentence interview could not be scheduled until early July 2026. He proposes the motion by August 24, 2026, government responses by October 1, 2026, defense replies by October 13, 2026 and sentencing on October 26, 2026. District Judge Dale A. Drozd's order of July 9, 2026 adopts that schedule and moves sentencing from the Fresno courthouse to October 26, 2026 at 9:30 a.m. in Court 4 in Sacramento.
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“Stipulation — No. 1:23-cr-00219 (Dkt. 195, E.D. Cal.).”
Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/stipulation-no-1-23-cr-00219-dkt-195-e-d-cal-cea1e779e9/
, SHA-256 16670b3d28d79c5888f99936366f75394232ac03150b3e71b953292ae1cc4a47.Full text
Case 1:23-cr-00219-DAD-EPG Document 195 Filed 07/10/26 Page 1 of 4
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,
STIPULATION
13 v. TO
EXTEND TIME TO FILE
14 DAVID HE, MOTION FOR NEW TRIAL
TO AUGUST 24, 2026; AND
15 Defendant. ORDER
16
17 Defendant, DAVID HE, by and through his attorney of record, Anthony P. Capozzi, and
18 Plaintiff, United States of America, by and through its attorney of record, Assistant United States
19 Attorney, Joseph D. Barton, hereby stipulate that the deadline to file defense’s Motion for New
20 Trial be extended to August 24, 2026. Said stipulation is based upon the declaration of Anthony
21 P. Capozzi.
22 I, Anthony P. Capozzi declare:
23 1) This attorney represented the defendant throughout the jury trial in the above-entitled
24 matter.
25 2) The transcriptions of the entire jury trial were not available until June 19, 2026.
26 3) The Presentencing Report Interview with the defendant could not be scheduled until July
27 7, 2026, which requires a continuance of the sentencing date. The projected sentencing
28 date is October 26, 2026, in Sacramento, California.
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USA V. DAVID HE, CASE NO.: 1:23-CR-00219-DAD-EPG-1
STIPULATION TO EXTEND TIME TO FILE
Case 1:23-cr-00219-DAD-EPG Document 195 Filed 07/10/26 Page 2 of 4
1 4) This attorney has a federal jury trial schedule for July 27, 2026 in United States v. Yama,
2 case number 1:21-CR-00272-JWH-EPG, before Visiting Judge John W. Holcomb, which
3 may last approximately two weeks.
4 5) It is respectfully requested that the following schedule be set as follows:
5 Deadline
6 Motion for New Trial August 24, 2026
7 Government Responses October 1, 2026
8 Defense Replies October 13, 2026
9 Sentencing October 26, 2026
10 I declare under penalty of perjury that the foregoing is true and correct.
11 Executed on the 9th day of June, 2026.
12
13 Respectfully submitted,
14 /s/ Anthony P. Capozzi .
ANTHONY P. CAPOZZI, Attorney for
15 DAVID HE
16 /s/ Joseph D. Barton .
17 JOSEPH D. BARTON, Attorney for
UNITED STATES OF AMERICA
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USA V. DAVID HE, CASE NO.: 1:23-CR-00219-DAD-EPG-1
STIPULATION TO EXTEND TIME TO FILE
Case 1:23-cr-00219-DAD-EPG Document 195 Filed 07/10/26 Page 3 of 4
1
ORDER
2
3 Pursuant to the stipulation of parties and good cause appearing, the sentencing hearing
4 previously scheduled for August 24, 2026 in the Fresno Courthouse is continued to October 26,
5 2026, at 9:30 a.m. in Court 4 of the Sacramento Courthouse before District Judge Dale A. Drozd
6 and presentence report related filing dates are modified to correspond to that new sentencing
7 hearing date. In addition, the deadline for filing any Motion for New Trial is extended up to and
8 including August 24, 2026, with Government Response due on October 1, 2026, Defense Reply
9 due by October 13, 2026.
10
IT IS SO ORDERED.
11
Dated: July 9, 2026
12 DALE A. DROZD
UNITED STATES DISTRICT JUDGE
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USA V. DAVID HE, CASE NO.: 1:23-CR-00219-DAD-EPG-1
STIPULATION TO EXTEND TIME TO FILE
Case 1:23-cr-00219-DAD-EPG Document 195 Filed 07/10/26 Page 4 of 4
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USA V. DAVID HE, CASE NO.: 1:23-CR-00219-DAD-EPG-1
MOTION TO EXTEND TIME TO FILE
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