| COVID Restrictions Delayed Safety
Valve Proffer Now Cuong Bang Gets 80 Months
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- The
Source
SDNY COURTHOUSE,
April 27 – Cuong Bang
was charged in a drug
conspiracy with his brother.
He was and is eligible for the
Safety Valve but
understandably did not want
his proffer used against his
brother, who the US argues was
not safety value eligible (and
got 180 months).
On July 9,
2020 U.S. District Court for
the Southern District of New
York Judge Lewis J. Liman held
a proceeding. Inner City Press
covered it.
Assistant
US Attorney Elizabeth Hanft
argued that Judge Liman should
set a trial date, that Cuong
Bang could not pick his own
timing for a proffer.
Judge Liman,
noting the delay of trials by
the COVID-19 pandemic, instead
set another conference for
September 11 (which he called
an inauspicious day, but one
by more may be known about the
timing of trials).
Cuong Bang's
lawyer Sabrina Shroff noted
that the US Attorney's Office
in some cases emphasizes that
trial must be delayed and in
other case like this one seeks
to push forward. She cited
upcoming trial for other other
detained clients.
On May 14,
2021, Judge Liman held another
conference, by Zoom and phone,
and Inner City Press again
covered it. The US Attorney's
Office maintained that a
written proffer was not
enough, that it wants to ask
follow up questions.
But Cuong
Bang's lawyer Sabrina Shroff
understandably wanted to be
present. Judge Liman set a
July 12 deadline for motions,
and said COVID seems to be
lifting.
Jump cut to April
27, 2022, when Cuong Bang was
up for sentencing. The AUSA
wanted 96 months; Shroff asked
for 60 months, and spoke
convincingly of Cuong Bang's
limited role. Judge Liman
split the difference - almost
- and arrived at 80 months.
And so it goes in the SDNY.
This case
is US v. Bang et al.,
19-cr-213 (Liman)
***
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