Unopposed Motion to Extend Self-Surrender Date — United States v. Austin Hsu, No. CR20-191JLR (Dkt. 51, W.D. Wash.)

Summary

Defense counsel Brent Hart filed this unopposed motion, dated August 27, 2021 and noted for September 17, 2021, in United States v. Austin Hsu, No. CR20-191JLR in the Western District of Washington at Seattle, asking the court to delay Dr. Hsu's self-surrender date for another 60 days. It recounts that Hsu was charged by complaint on October 26th, 2020, pleaded guilty on January 21, 2021 and was sentenced on August 10, 2021 to 24 months custody, with a recommendation for Sheridan. The motion cites a surge of COVID-19 at Sheridan, where BOP figures for August 27, 2021 show 202 inmates with positive tests, the Delta variant nationwide, and ongoing logistical issues with Hsu's MRI business. The government does not oppose the request and Pretrial Services defers to the Court. Exhibit 1 is an August 20, 2021 Shelton Herald article on an inmate's death at the Sheridan prison.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

1 HONORABLE JAMES ROBART
2
3
4
5
6
UNITED STATES DISTRICT COURT
7
WESTERN DISTRICT OF WASHINGTON
8 AT SEATTLE

9
UNITED STATES OF AMERICA, ) No. CR20-191JLR
10 )
Plaintiff, ) UNOPPOSED MOTION TO EXTEND
11 ) SELF-SURRENDER DATE
v. )
12 )
AUSTIN HSU, ) Noted: September 17, 2021
13 )
Defendant. )
14 )
15 The defendant, Austin Hsu, through counsel, Brent Hart, requests that this Court

16 delay Dr. Hsu’s self-surrender date by 60 days. The Government does not oppose Dr.

17 Hsu’s request. Pretrial Services defers to the Court.

18 I. Procedural History

19 Dr. Hsu was charged by complaint on October 26th, 2020. Dkt 1. The following

20 day, he was arrested and had his initial appearance where he was released on conditions

21 to be supervised by pretrial services. He has remained in the community for more than

22 10 months with no violations of the conditions of his bond.

23 Dr. Hsu pleaded guilty on January 21, 2021. Dkt 32. This Court sentenced Dr.

24 Hsu on August 10, 2021 to 24 months custody with a recommendation to be placed at

25 Sheridan and was allowed to self-report. Dkt No. 49. He recently received instructions

26 that he is to report no later than September 22, 2022.

HART JARVIS MURRAY CHANG
UNNOPPOSED FOURTH MOTION TO 155 NE 100th Street, Suite 210
EXTEND SELF-SURRENDER DATE Seattle, Washington 98125
U.S. v. Hsu, No. CR 20-191 - 1 (206) 661-1811
1
2
II. Another delay in the self-surrender date is warranted in light of the
3 COVID-19 pandemic, ongoing logistical issues with his MRI business,
and his spotless record on pretrial supervision.
4
Dr. Hsu asks that the Court delay his self-surrender date for another 60 days. The
5
COVID-19 pandemic places significant strain on the Bureau of Prisons and a delay in
6
reporting would protect the health of Dr. Hsu, as well as BOP staff and inmates. Dr.
7
Hsu has been designated to Sheridan Camp in Oregon State.
8
Sheridan is currently experiencing a surge in cases of COVID -19. Per BOP.gov
9
on August 27, 2021
10
11
Facility Name No. of inmates with No. of inmates with No. of inmates with
12
completed tests pending tests positive tests
13
FCI Sheridan 1509 1 202
14
An inmate recently died as a result of the COVID 19 virus and conditions have
15
been questioned at the facility. See Exhibit 1.
16
Nationwide, the United States is currently experiencing a surge in COVID-19
17
outbreak due to the Delta variant. In total, more than 600,000 Americans have died as a
18
result of COVID since the pandemic began. Over the past seven days, 864 Americans
19
have died per day as a result of COVID-19 1, representing an 11% rise from the week
20
prior.
21
In addition to the concerning outbreak of COVID, Dr. Hsu is still frantically
22
trying to put his affairs in order and deal with the MRI machine that was heavily
23
referenced throughout defense sentencing materials. He would be grateful for some
24
extra time in order complete that undertaking.
25
26
1
Www.cdc.gov/coronavirus/2019-ncov/covid-data/covidview/index.html

HART JARVIS MURRAY CHANG
UNNOPPOSED FOURTH MOTION TO 155 NE 100th Street, Suite 210
EXTEND SELF-SURRENDER DATE Seattle, Washington 98125
U.S. v. Hsu, No. CR 20-191 - 2 (206) 661-1811
1 Frankly, the Defense believes the combination of the on-going COVID surge
2 and logistical issues that Dr. Hsu is dealing with relating to the MRI machine may not
3 be resolved even with a 60-day delay. But after consulting with the government, the
4 thought is to delay the report date by 60 days and potentially revisit the report date later
5 if the circumstances warrant. It is possible that a booster vaccine could be possible
6 soon which could also be helpful.
7 III. Conclusion
8 For all of the above reasons, the Court should grant this motion to delay the self-
9 surrender date by 60 days.
10 DATED this 27th day of August, 2021.
11 Respectfully submitted,
12 s/ Brent Hart
13 WSBA 30368
Attorney for Austin Hsu
14
15
16
17
18
19
20
21
22
23
24
25
26

HART JARVIS MURRAY CHANG
UNNOPPOSED FOURTH MOTION TO 155 NE 100th Street, Suite 210
EXTEND SELF-SURRENDER DATE Seattle, Washington 98125
U.S. v. Hsu, No. CR 20-191 - 3 (206) 661-1811
1
Exhibit 1
2 August 20, 2021 Article re COVID Death at Sheridan
Shelton Herald
3 http://www.sheltonherald.com
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

HART JARVIS MURRAY CHANG
UNNOPPOSED FOURTH MOTION TO 155 NE 100th Street, Suite 210
EXTEND SELF-SURRENDER DATE Seattle, Washington 98125
U.S. v. Hsu, No. CR 20-191 - 4 (206) 661-1811
1
2
II. Another delay in the self-surrender date is warranted in light of the
3 COVID-19 pandemic, ongoing logistical issues with his MRI business,
and his spotless record on pretrial supervision.
4
Dr. Hsu asks that the Court delay his self-surrender date for another 60 days. The
5
COVID-19 pandemic places significant strain on the Bureau of Prisons and a delay in
6
reporting would protect the health of Dr. Hsu, as well as BOP staff and inmates. Dr.
7
Hsu has been designated to Sheridan Camp in Oregon State.
8
Sheridan is currently experiencing a surge in cases of COVID -19. Per BOP.gov
9
on August 27, 2021
10
11
Facility Name No. of inmates with No. of inmates with No. of inmates with
12
completed tests pending tests positive tests
13
FCI Sheridan 1509 1 202
14
An inmate recently died as a result of the COVID 19 virus and conditions have
15
been questioned at the facility. See Exhibit 1.
16
Nationwide, the United States is currently experiencing a surge in COVID-19
17
outbreak due to the Delta variant. In total, more than 600,000 Americans have died as a
18
result of COVID since the pandemic began. Over the past seven days, 864 Americans
19
have died per day as a result of COVID-19 1, representing an 11% rise from the week
20
prior.
21
In addition to the concerning outbreak of COVID, Dr. Hsu is still frantically
22
trying to put his affairs in order and deal with the MRI machine that was heavily
23
referenced throughout defense sentencing materials. He would be grateful for some
24
extra time in order complete that undertaking.
25
26
1
Www.cdc.gov/coronavirus/2019-ncov/covid-data/covidview/index.html

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