|Ng Lap Seng at the UN with his bogus Dominica Diplomatic Credentials|
In an unusual move, the US Attorney's Office in New York has filed what it has entitled Memorandum of Law of the United States of America in Further Opposition to Ng Lap Seng's Motion for Release. it would appear that the Government is firmly opposed to the Court allowing Ng to be released early from his four-year prison sentence, as it has responded to his Reply Memorandum.
First, the Government states that his motion must be denied purely on procedural grounds. he has failed to exhaust the mandatory statutory administrative requirements, with the Bureau of Prisons (BOP), and contrary to defendant's position, they cannot be waived or excused, and must be strictly enforced. Remember, we have previously noted that, due to his immigration status, he cannot be released to Home Confinement, and any argument that he advances for that purpose, fails. The Court could not enforce a home confinement order, due to detainers on file against him.
Second, on the merits, the defendant has NOT demonstrated extraordinary and compelling reasons for his immediate release. His medical condition (heart disease and diabetes) is not severe, and the rural Pennsylvania institution where he is incarcerated has no known COVID-19 cases. He wants to be released to an apartment in New York City, where he would live with others. This is definitely high-risk at this time. Further, the defendant has served less than half of his sentence; he therefore is not qualified under §3553(a).
We await the Court's ruling on the defendant's motion.