United States v. Sang Wong, Jr.

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS SEP 20 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 17-50175 Plaintiff-Appellee, D.C. No. 5:13-cr-00086-JGB v. MEMORANDUM* SANG HING WONG, Jr., Defendant-Appellant. 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). 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. 2 17-50175