Stipulation — No. 1:23-cr-00219 (Dkt. 199, E.D. Cal.)

Summary

A three-page Stipulation to Extend Time to File Motion for New Trial to August 31, 2026, with order, Document 199, filed 08/21/26 in United States v. David He, Case No. 1:23-CR-00219-DAD-EPG, 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 complete trial transcripts, 1,937 pages, were produced on June 21, 2026, that the government produced 994 pages of additional discovery on August 4, 2026, and that he was out of the office from August 1, 2026 to August 9, 2026. District Judge Dale A. Drozd's order of August 20, 2026 extends the motion deadline to August 31, 2026, with the government response due October 1, 2026, the defense reply October 13, 2026, and the hearing and sentencing on October 26, 2026.

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Cite this document

“Stipulation — No. 1:23-cr-00219 (Dkt. 199, E.D. Cal.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/stipulation-no-1-23-cr-00219-dkt-199-e-d-cal-6dc3d02436/, SHA-256 f168bf31b2a994aebba1f30048f1bc85abfc2d75d0bf13c1aee3d6f3b5dd9346.

Full text

     Case 1:23-cr-00219-DAD-EPG         Document 199           Filed 08/21/26           Page 1 of 3


 1     ANTHONY P. CAPOZZI, SBN: 68525
       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
12                           Plaintiff,
13                                                                   STIPULATION
               v.                                                         TO
14     DAVID HE,                                                  EXTEND TIME TO FILE
                                                                 MOTION FOR NEW TRIAL
15                           Defendant.                          TO AUGUST 31, 2026; AND
                                                                        ORDER
16

17        Defendant, DAVID HE, by and through his attorney of record, Anthony P.
18     Capozzi, and Plaintiff, United States of America, by and through its attorney of
19     record, Assistant United States Attorney, Joseph D. Barton, hereby stipulate that the
20     deadline to file defense’s Motion for New Trial be extended to August 31, 2026.
21     Said stipulation is based upon the declaration of Anthony P. Capozzi.
22           I, Anthony P. Capozzi declare:
23        1) This attorney represented the defendant throughout the jury trial in the
24           above-entitled matter.
25        2) The transcriptions of the jury trial, in its entirety, were produced to the
26           defense on June 21, 2026, amounting to approximately 1,937 pages.
27        3) This attorney had a federal jury trial scheduled for July 27, 2026, in United
28           States v. Yama, case number 1:21-CR-00272-JWH-EPG, before Visiting
                                                        -3-
                               UNITED STATES V. HE, CASE NO.: 1:23-CR-00219-DAD-EPG-1
                                      STIPULATION TO EXTEND TIME TO FILE
     Case 1:23-cr-00219-DAD-EPG       Document 199           Filed 08/21/26         Page 2 of 3


 1          Judge John. W. Holcomb.
 2       4) This attorney was actively engaged in trial preparation and related pretrial
 3          matters until the case was subsequently resolved, and the previously
 4          scheduled jury trial was vacated.
 5       5) The government produced approximately 994 pages of additional discovery
 6          on August 4, 2026.
 7       6) This attorney was out of the office from August 1, 2026, to August 9, 2026.
 8       7) It is respectfully requested that the following schedule be set as follows:
 9                                                                 Deadline
10                Motion for New Trial                         August 31, 2026
11                Government Responses                         October 1, 2026
12                Defense Replies                              October 13, 2026
13                Sentencing                                   October 26, 2026
14

15

16          I declare under penalty of perjury that the foregoing is true and correct.
17          Executed on the 20th day of August 2026.
18

19

20                                                Respectfully submitted,
21                                                /s/ Anthony P. Capozzi.        .
22                                                ANTHONY P. CAPOZZI, Attorney for
                                                  DAVID HE
23

24                                                /s/ Joseph D. Barton           .
                                                  JOSEPH D. BARTON, Attorney for
25
                                                  UNITED STATES OF AMERICA
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                                                     -2-
                             UNITED STATES V. HE, CASE NO.: 1:23-CR-00219-DAD-EPG
                                    STIPULATION TO EXTEND TIME TO FILE
     Case 1:23-cr-00219-DAD-EPG        Document 199           Filed 08/21/26           Page 3 of 3


 1                                               ORDER
 2              IT IS HEREBY ORDERED that based upon the stipulation of parties, good
 3     cause is found that the defense’s Motion for New Trial extension be GRANTED.
 4              IT IS FURTHER ORDERED that the deadline for filing any Motion or
 5     New Trial be extended up to and including August 31, 2026, with Government
 6     Response due on October 1, 2026, Defense Reply due on October 13, 2026, and the
 7     hearing on defendant’s motion for a new trial and, if appropriate, sentencing be set
 8     for October 26, 2026, at 9:30 a.m. in Courtroom 4 of the Sacramento courthouse.
 9

10              IT IS SO ORDERED.

11     Dated:     August 20, 2026
                                                        DALE A. DROZD
12                                                      UNITED STATES DISTRICT JUDGE
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                                                       -3-
                              UNITED STATES V. HE, CASE NO.: 1:23-CR-00219-DAD-EPG-1
                                     STIPULATION TO EXTEND TIME TO FILE

File and source

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Size: 206,239 bytes
SHA-256: f168bf31b2a994aebba1f30048f1bc85abfc2d75d0bf13c1aee3d6f3b5dd9346
Our copy: 199.pdf
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