| Date Filed |
Document # |
Attachment # |
Short Description |
Long Description |
Upload date |
SHA1 hash |
| 2000-09-15 |
1 |
0 |
Complaint |
COMPLAINT by Michael D. Rothermund, SA DEA against Michael Silva signed by Mag Judge Francis I. Yamashita [ 1:00-m -660 ] (gab) |
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| 2000-09-18 |
2 |
0 |
Detention - Miscellaneous |
Motion to detain defendant without bail as to Michael Silva [ 1:00-m -660 ] (gs) |
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| 2000-09-18 |
3 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: INITIAL APPEARANCE and Motion to Detain Deft - Deft present in custody; Request for Court appointed Atty - GRANTED; Richard Pafundi - Court appointed; Deft sworn to the finanial affidavit; Detention hearing set for 9/21/00 @ 10:30 a.m. before Judge Yamashita; Preliminary hearing 10/2/00 @ 10:00 a.m. before Judge Kobayashi; Deft remanded to the custody of the USMS ; Michael Silva, USA Attorney Loretta Sheehan, Richard T. Pafundi present ( Ct Rptr: Tape) by Mag Judge Yamashita [ 1:00-m -660 ] (sealed) |
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| 2000-09-18 |
4 |
0 |
Financial Affidavit - CJA23 |
FINANCIAL Affidavit as to Michael Silva [ 1:00-m -660 ] (gab) |
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| 2000-09-18 |
5 |
0 |
Order of Detention |
ORDER of Temporary Detention Pending Hearing Pursuant to Bail Reform Act as to Michael Silva by Mag Judge Francis I. Yamashita [ 1:00-m -660 ] (gab) |
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| 2000-09-19 |
6 |
0 |
CJA 20 - Appointment |
CJA Form 20 Copy 4 (Appointment of Counsel) Voucher # as to defendant Michael Silva Attorney Richard Pafundi, Esq. [ 1:00-m -660 ] (gab) |
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| 2000-09-20 |
7 |
0 |
Service - Miscellanous |
RETURN on Clerks Temporary Commitment - exec by USM - 9/18/00 as to defendant Michael Silva [ 1:00-m -660 ] (gab) |
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| 2000-09-20 |
8 |
0 |
Indictment |
EP: INDICTMENT by USA Counts filed against Michael Silva (1) count(s) 1; PS ordered ( Bruce Getman ) by Mag Judge YAMASHITA (gab) Additional attachment(s) added on 4/26/2006 (bbb, ). |
2010-02-15 12:33:42 |
04ce81f72265ad72ed2a80750bb7d1d23300b745 |
| 2000-09-20 |
9 |
0 |
Summons Issued |
PS issued as to Michael Silva ; arraignment set for 10:30 9/21/00 for Michael Silva before Mag Judge Francis I. Yamashita (gab) |
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| 2000-09-21 |
10 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Detention Hearing; A & P - as to defendant Michael Silva - Arraignment waived. Plea of not guilty entered. JT 11-21-00 at 9:00 SOM FPT 10-23-00 at 10:00 LEK Mos due 10-12-00 Resp due 10-26 Detention hearing as to Michael Silva - Motion to Detain granted. Defendant remanded to the custody of the U. S. Marshals. Michael Silva Attorney Loretta A. Sheehan, Paul J Cunney, Victor J. Bakke present ( Ct Rptr: Tape) by Mag Judge YAMASHITA (gab) |
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| 2000-09-22 |
11 |
0 |
Summons Returned Executed |
PS executed on 9/21/00 as to Michael Silva (gab) |
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| 2000-09-26 |
12 |
0 |
Order |
ORDER by Mag Judge Francis I. Yamashita granting the Government's motion t detain defendant Michael Silva without bail (sealed) |
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| 2000-09-26 |
13 |
0 |
Miscellaneous Document |
APPLICATION Regarding Custody as to Michael Silva (SEALED) (sealed) |
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| 2000-09-26 |
14 |
0 |
Miscellaneous Document |
ORDER Regarding Custody as to Michael Silva signed by Mag Judge Francis I. Yamashita (SEALED) (sealed) |
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| 2000-09-27 |
15 |
0 |
Response to Motion |
RESPONSE by defendant Michael Silva to government's motion for upward departure; certificate of service (gab) |
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| 2000-10-17 |
16 |
0 |
Miscellaneous Document |
Notice of Compliance with Local Rule CRIMLR 16.1(a); Certificate of Service (gab) |
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| 2000-10-17 |
17 |
0 |
Motion for Reconsideration |
MOTION for reconsideration of Order Granting the Government's Motion to Detain Defendant without Bail; Declaration of counsel; Notice of Motion; Certificate of Service by defendant Michael Silva Motion hearing set for 10/19/00 @ 10:00 a.m. (gs) |
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| 2000-10-19 |
18 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Defendant's Motion for Reconsideration of Order Granting the Government's Motion to Detain Without Bail - Defendant not present, presence waived. Motion Granted. Court Orders that the Defendant Michael Silva be released under the following conditions: The Defendant Michael Silva is placed in the Third Party Custodianship of: Yvonne Tong (7a) Execute a bond in the amount of $50,000, secured by cash of property (7b) Comply with pretrial services supervision, and abide by all general and special conditions of release as directed by Pretrial Services. (7g) Do not apply for/obtain a passport. (7h) Travel is restricted to: the Island of Oahu (7j) Maintain residence with/at: Yvonne Tong at 86-171 Kuwale Road, Waianae, HI (7p) Comply with the Electronic Monitoring program under the direction of Pretrial Services. You are restricted to your residence at all times except as pre-approved by Pretrial Services. (7s) You are prohibited from possessing or having access to any firearm, destructive device or other dangerous weapon. Immediately surrender all firearms, destructive devices and other dangerous weapons to an agent approved by Pretrial Services. (7u) Do not use or possess illicit drugs, and do not be in the presence of illicit drug use or drug users/traffickers. (7v) Submit to drug detection testing and/or treatment as directed by Pretrial Services. (7y) You must contribute toward the costs of the services required by this bond, to the extent you are financially able to do so, as determined by Pretrial Services. Since the Defendant Michael Silva is not present, Court Orders that when the bond is ready to be executed, the Defendant Michael Silva is to be brought back to Court so that the conditions of release can be read and explained to him in person. ; Michael Silva, USA Attorney Loretta A. Sheehan, Paul J Cunney, Victor J. Bakke present ( Ct Rptr: Tape) by Mag Judge Kobayashi (gs) |
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| 2000-10-23 |
19 |
0 |
Minutes - Miscellaneous |
EO: MINUTES Final Pretrial Conference set for 10:00 10/23/00 is continued to 2:30 10/25/00, LEK by Mag Judge Kobayashi (gs) |
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| 2000-10-25 |
20 |
0 |
Minutes - Miscellaneous |
EO: MINUTES Final Pretrial Conference set for 2:30 10/25/00 is continued to 10:00 10/26/00, LEK; All parties notified by Mag Judge Kobayashi (gs) |
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| 2000-10-26 |
21 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Final Pretrial Conference not held, vacated; Motion for Withdrawal of Not Guilty Plea and to Plead Anew to be scheduled with Judge Susan Oki Mollway's courtroom deputy; cc: Toni Fujinaga; Michael Silva, USA Attorney Loretta A. Sheehan, Paul J Cunney present ( Ct Rptr: Tape) by Mag Judge Kobayashi (gs) |
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| 2000-10-26 |
22 |
0 |
Notice of Hearing |
NOTICE as to Deft Michael Silva; Motion to withdraw not guilty plea and to plea anew is set for 11/16/00 @ 9:00 a.m. SOM; Notified: Loretta Sheehan, Paul Cunney, USMS (gs) |
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| 2000-11-15 |
23 |
0 |
Utility - Miscellaneous |
Title search as to TMK 1-8-6-9-11 as to deft. Michael Silva (gab) |
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| 2000-11-15 |
24 |
0 |
Utility - Miscellaneous |
Current mortgage balance as to 86-171 Kuwale Rd.; Waianae, HI 96792 as to Deft. Michael Silva (gab) |
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| 2000-11-16 |
25 |
0 |
Miscellaneous Document |
MORTGAGE for deft. Michael Silva in the amount of $ 18,000.00; address of property- 86-171 Kuwale Rd., Waianae, HI 96792; title of owner- Yvonne L. Tong, Tessie L. Tong, Frances K. Tong (gab) |
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| 2000-11-16 |
26 |
0 |
Information - Misdemeanor |
SUPERSEDING Information by USA naming Michael Silva (1) count(s) 1s (gab) |
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| 2000-11-16 |
27 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Motion to Withdraw Not Guilty Plea and to Plea Anew - Defendant present and in custody. Defendant sworn. Questioned. The Information was publicly read by the Court. Advised of rights to be indicted by the Grand Jury. Waiver of Indictment signed and filed. The Indictment was publicly read by the Court. Memorandum of plea agreement filed, acceptance deferred until after review of the presentence report. Defendant advised of his rights, including his right to trial by jury, etc. Guilty plea entered as to the Indictment and to the Information. Court accepts the guilty plea and the defendant is adjudged guilty as to both the Indictment and the Information. Referred for presentence investigation and report, and sentencing is set for 3/5/01 @ 3:45 p.m. SOM. Court finds that there is clear and convincing evidence that the defendant is not a danger to the community and given the conditions imposed he will appear at his sentencing. Defendant to be released under the following conditions previously imposed by Magistrate Kobayashi, with a reduction in the amount of property bond from $50,000.00 to $18,000.00: The defendant is placed in the Third Party Custodianship of: Yvonne Tong. (7a) Execute a bond in the amount of $$18,000.00 secured by cash or property. Bond must be posted prior to release. (7b) Comply with pretrial services supervision, and abide by all general and special conditions of release as directed by Pretrial Services. (7g) Do not apply for/obtain a passport. (7h) Travel is restricted to: the Island of Oahu. (7j) Maintain residence with/at: Yvonne Tong at 86-171 Kuwale Road, Waianae, HI. (7p) Comply with the Electronic Monitoring program under the direction of Pretrial Services. You are restricted to your residence at all times except as pre-approved by Pretrial Services. (7s) You are prohibited from possessing or having access to any firearm, destructive device or other dangerous weapon. Immediately surrender all firearms, destructive devices and other dangerous weapons to an agent approved by Pretrial Services. (7u) Do not use or possess illicit drugs, and do not be in the presence of illicit drug use or drug users/traffickers. (7v) Submit to drug detection testing and/or treatment as directed by Pretrial Services. (7y) You must contribute toward the costs of the services required by this bond, to the extent you are financially able to do so, as determined by Pretrial Services. Michael Silva, Mary Mihalopolous (PTS), Attorney Loretta A. Sheehan, Victor J. Bakke present ( Ct Rptr: Debra Chun) by Judge MOLLWAY (gab) |
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| 2000-11-16 |
28 |
0 |
Waiver - Miscellaneous |
WAIVER of Indictment by defendant Michael Silva (gab) |
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| 2000-11-16 |
29 |
0 |
Plea Agreement |
MEMORANDUM of Plea Agreement as to Michael Silva (gab) |
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| 2000-11-16 |
30 |
0 |
Order |
ORDER by Judge Susan O. Mollway granting motion for reconsideration of Order Granting the Government's Motion to Detain Defendant without Bail by defendant Michael Silva [17-1] (gab) |
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| 2000-11-17 |
31 |
0 |
Motion for Forfeiture of Property |
AGREEMENT TO FORFEIT PROPERTY by defendant Michael Silva - (gab) Modified on 1/31/2006 (gab, ). |
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| 2000-11-24 |
32 |
0 |
Detention - Miscellaneous |
APPEARANCE BOND ( $18,000.00 security mortgage) posted by Michael Silva signed by Judge KOBAYASHI (sealed) |
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| 2000-11-24 |
33 |
0 |
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ORDER Setting Conditions of Release for Michael Silva ( $18,000.00 security mortgage posted ) by Mag Judge Leslie E. Kobayashi (sealed) |
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| 2001-01-30 |
34 |
0 |
Sentencing Memorandum |
Defendant Michael Silva SENTENCING Statement as to Michael Silva; certificate of service (SEALED) (gab) |
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| 2001-01-31 |
35 |
0 |
Sentencing Memorandum |
plaintiff USA SENTENCING Statement as to Michael Silva (gab) |
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| 2001-02-07 |
36 |
0 |
Motion for Miscellaneous Relief |
Notice of Motion and MOTION for downward departure by USA as to Michael Silva Motion hearing set for 03/05/01 @ 3:45 p.m. (SOM) (SEALED) (gab) |
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| 2001-02-07 |
37 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on ; sentencing hearing as to the Indictment and to the Information set for 3/5/01 @ 3:45 p.m. SOM is continued to 2:15 8/6/01 for Michael Silva before Judge MOLLWAY; notified: Loretta Sheehan thru Sharon and Victor Bakke. Mr. Bakke to prepare the stipulation. (gab) |
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| 2001-02-16 |
38 |
0 |
Stipulation and Order |
STIPULATION to continue Defendant Silva's sentencing date and order by Judge Susan O. Mollway ; sentencing hearing set for 2:15 8/6/01 for Michael Silva (gab) |
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| 2001-02-27 |
39 |
0 |
Stipulation and Order |
STIPULATION to Modify Terms and Conditions while on Bail Release; Order; Exhibit "A" by Judge Susan O. Mollway (gs) |
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| 2001-03-02 |
40 |
0 |
Miscellaneous Document |
FINDINGS and RECOMMENDATIONS on CJA Compensation Claim by Mag Judge Kevin S. Chang - as to Richard Pafundi - $442.50 as to deft. Michael Silva (gab) |
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| 2001-03-07 |
41 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on ; sentencing as to the Indictment and to the Information set for 8/6/01 @ 2:15 p.m. SOM is continued to 2:15 8/10/01 for Michael Silva before Judge MOLLWAY (gab) |
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| 2001-03-27 |
42 |
0 |
CJA 20 - Authorization to Pay |
CJA Form 20 (Attorney Payment Voucher# 010327000274) by Attorney Richard Pafundi as to Michael Silva in the amount of $442.50 by Judge Mollway (gs) |
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| 2001-07-26 |
43 |
0 |
Notice of Hearing |
NOTICE of setting hearing ; sentencing as to the Indictment and to the Information set for 8/10/01 @2:15 pm is continued to 2:15 12/17/01 for Michael Silva before Judge Susan Mollway; notified LorettaSheehan AUSA, Paul Cunney; Mr. Cunney to prepare the stipulation (fe) |
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| 2001-08-08 |
44 |
0 |
Stipulation and Order |
STIPULATION to continue defendant Silva's sentencing date and order by Judge David A. Ezra for Susan O. Mollway ; sentencing hearing set for 2:15 12/17/01 for Michael Silva (fe) |
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| 2001-09-18 |
45 |
0 |
Stipulation and Order |
STIPULATION and order by Judge Susan O. Mollway to modify terms and conditions while on bail release ; exhibits a and b - that condition 7 is now deleted (fe) |
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| 2001-11-30 |
46 |
0 |
Motion for Miscellaneous Relief |
Notice of Motion and MOTION for downward departure by defendant Michael Silva ; memorandum of law; certificate of service - Motion hearing set for 12/17/01 @2:15 p.m.,SOM (fe) |
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| 2001-12-13 |
47 |
0 |
Notice of Hearing |
NOTICE of setting hearing on sentencing as to the Indictment and Information; deft's motion for downward departure set for 12/17/01 @2:15p.m. are continued to 2:15 5/6/02 for Michael Silva before Judge Susan Oki Mollway - notified: Ronald Johnson for Loretta Sheehan AUSA, Paul Cunney; Mr. Cunney to prepare the stipulation (fe) |
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| 2001-12-19 |
48 |
0 |
Stipulation and Order |
STIPULATION to continue sentencing and order by Judge Susan O. Mollway ; sentencing hearing set for 2:15 5/6/02 for Michael Silva ; certificate of service (fe) |
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| 2002-05-06 |
49 |
0 |
Notice of Hearing |
NOTICE of setting hearing on sentencing as to the Indictment and Information; defendant's motion for a downward departure set for 5/6/02 @2:15 pm, SOM is continued to 11:15 5/7/02 for Michael Silva before Judge Susan Oki Mollway; notified: Loretta Sheehan AUSA, Paul Cunney, USM, USPO (fe) |
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| 2002-05-07 |
50 |
0 |
Minutes - Miscellaneous |
EP: MINUTES:Sentencing as to the Indictment and Information; Defendant's Motion for a Downward Departure - Defendant Michael Silva present. The Memorandum of Plea Agreement has been accepted. Allocution by the defendant. Government's Motion for Downward Departure - Granted. Defendant's Motion for Downward Departure - Granted in part, and Denied in part. , sentencing Michael Silva (1) count(s) 1, 1s . ADJUDGED: Imprisonment: 78 months as to each count, with both terms run concurrently. Supervised Release: 4 years as to Count 1 of the Indictment and 3 years as to Count 1 of the Information, with both terms to run concurrently. Fine: $4,000.00 Special Assessment: $200.00 ($100.00 per count). CONDITIONS: That the defendant shall abide by the standard conditions of supervision. That the defendant not commit crimes Federal, State, or Local (mandatory condition). That the defendant not possess illegal controlled substances (mandatory condition). That the defendant shall refrain any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of release imprisonment and at least two drug tests thereafter, as directed by the Probation Office (mandatory condition). the defendant participate in a substance abuse program, which may include drug testing at the discretion and direction of the Probation Office. That the defendant is prohibited from possessing a firearm as defined in 18 921. That the defendant is prohibited from possessing any illegal or dangerous weapons. That the fine of $4,000.00 is due immediately and any remaining balance upon release from confinement be paid during the period of supervision on an installment basis according to the collection policy of the Probation Office but at a rate of not less than 10 percent of his monthly gross income. Interest, if applicable, is waived while the defendant is serving his term of imprisonment and shall commence to accrue on any remaining balance upon his release on supervision. That the defendant shall provide the Probation Office and the Financial Litigation Unit of the U.S. Attorney's Office access to any requested financial information to include submitting to periodic debtor's examinations as directed by the Probation Office. Defendant advised of his rights, including his to trial by jury, etc. Court determines by clear and convincing evidence that the defendant is not a danger to the community nor a flight risk. Defendant to remain out on bail with the same conditions to apply. Mittimus is stayed until 6/10/02. Defendant to self surrender on 6/10/02 @ 10:00 a.m. at the facility designated by the Bureau of Prisons. The time is the time at the facility. JUDICIAL RECOMMENDATIONS: 1) Nellis; 2) Sheridan (minimum security camp). granting motion for downward departure by Michael Silva [46-1], granting motion for downward departure by USA as to Michael Silva [36-1], terminating party Michael Silva , case terminated ; Michael Silva; Neil Tsukiyama (USPO), Attorney Loretta A. Sheehan, Victor J. Bakke present ( Ct Rptr: Debra Chun) by Judge Susan Oki Mollway (fe) |
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| 2002-05-16 |
51 |
0 |
Judgment |
JUDGMENT and Commitment as to Michael Silva by Judge Susan O. Mollway (cc: all counsel) (bbb) |
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| 2002-05-28 |
52 |
0 |
Presentence Investigation Report |
PRESENTENCE Report on Michael Silva (original sealed and held in probation office). (bbb) |
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| 2002-05-28 |
53 |
0 |
Sentencing Memorandum |
SENTENCING RECOMMENDATION as to Michael Silva (original sealed and held in probation office) (bbb) |
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| 2002-05-28 |
54 |
0 |
Sentencing Memorandum |
REVISED SENTENCING RECOMMENDATION as to Michael Silva (original sealed and held in probation office) (bbb) |
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| 2002-06-05 |
55 |
0 |
Stipulation and Order |
STIPULATION to continue self surrender mittimus date and order by Judge Susan O. Mollway; certificate of service - deft to self surrender mittimus on June 24, 2002 at 10:00 am at the facility that BOP delegates (fe) |
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| 2002-06-21 |
56 |
0 |
Stipulation and Order |
STIPULATION to continue self surrender mittimus date; order by Judge Susan O. Mollway re [50-5]; and certificate of service; mittimus continued from 6/24/02 10:00 to 07/08/02 10:00 (bbb) |
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| 2002-08-01 |
57 |
0 |
Judgment Returned Executed |
JUDGMENT and Commitment returned executed on 7/8/02 as to Michael Silva (1) count(s) 1, 1s to FPC Nellis at Las Vegas, NV (fe) |
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| 2007-04-06 |
58 |
0 |
Satisfaction of Judgment |
SATISFACTION OF JUDGMENT and Release of Notice of Lien (Ching, Edric) |
2010-02-15 12:33:41 |
7c6ee9b570cc211f8b3fc1606da17a5ff882e194 |