Federal court reschedules sentencing for defendant in fake Viagra case

Cai Xai Xu, also known as Jing Yan Li, was due for sentencing in federal court yesterday. She pleaded guilty last July.

“The reason for this request is that there are issues over the amount of the infringement and other matters that counsel would like to have time to address,” according to a stipulation jointly filed by Assistant U.S. Attorney Garth R. Backe, and court-appointed defense attorney Michael W. Dotts.

Assistant U.S. Attorney James J. Benedetto, the original prosecutor, has relocated  to East Timor.

Manglona rescheduled Xu’s sentencing for Nov. 7, 2011.

Xu was originally charged with two counts of trafficking in counterfeit goods, introduction of misbranded drugs into interstate commerce, and receipt and delivery of misbranded drugs in interstate commerce.

A special agent with the U.S. Food and Drug Administration Office of Criminal Investigations said a confidential source separately bought a total of 50 bottles of fake Viagra from Xu on Feb. 24, May 2, and 6, 2011.

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