United States of America v. SANG HING WONG, Jr.

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
SANG HING WONG, Jr.,
Defendant-Appellant.
No. 17-50175
D.C. No. 5:13-cr-00086-JGB
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Jesus G. Bernal, District Judge, Presiding
Submitted September 12, 2018**
Before: LEAVY, HAWKINS, and TALLMAN, Circuit Judges.
Sang Hing Wong, Jr., appeals from the district court’s judgment revoking
his supervised release and imposing a 37-month sentence. We have jurisdiction
under 28 U.S.C. § 1291, and we affirm.
Wong contends that the district court erred in denying his request to
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
SEP 20 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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continue his revocation hearing pending the resolution of his 28 U.S.C. § 2254
habeas petition. The government argues that Wong’s request should be construed
as a request for a stay, rather than a request for a continuance. We need not resolve
that question because the district court did not abuse its discretion by denying the
request, even if it is considered as a request for a continuance. See United States v.
Rivera-Guerrero, 426 F.3d 1130, 1138 (9th Cir. 2005). In light of the
circumstances of this case, the district court’s decision to deny Wong’s twelfth
request for a continuance was not “arbitrary or unreasonable.” Id. (internal
quotations omitted).
AFFIRMED.

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