| Date Filed |
Document # |
Attachment # |
Short Description |
Long Description |
Upload date |
SHA1 hash |
| 2000-11-29 |
1 |
0 |
Indictment |
EP: SECRET INDICTMENT by USA Counts filed against Elaine Maile Silva (1) count(s) 1, 2; Warrant ordered ( Judith Powers ) by Mag Judge Kurren (gs) Additional attachment(s) added on 4/17/2006 (gls, ). |
2010-02-14 15:16:51 |
501900dc0e79a193ae94a3fbf2af56ef70b63ac2 |
| 2000-11-29 |
2 |
0 |
Warrant Issued |
ARREST Warrant issued for Elaine Maile Silva bail set for NO BAIL by Mag Judge Barry M. Kurren (sealed) |
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| 2000-12-01 |
3 |
0 |
Detention - Miscellaneous |
Motion to detain defendant without bail as to Elaine Maile Silva (gs) |
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| 2000-12-01 |
4 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: A & P as to the Indictment - Defendant present in custody. Defendant sworn to Financial Affidavit. Request for Court Appointed Attorney - Granted. AFPD Michael Weight and the Office of the Public Defender Apptd Atty. Charges received. Motion to Detain filed. Defendant waives public reading of the Indictment. Plea of Not Guilty entered. Jury Selection/Trial set for 9:00 1/30/01, SOM Final Pretrial Conference set for 10:00 1/2/01, BMK Deft's Motions due 12/22/00 Govt's Response due 1/5/01 Detention Hearing set for 2:00 12/6/00, LEK Oral Motion to Unseal Indictment Granted. Defendant remanded to the custody of the US Marshal; Elaine Maile Silva, USA Attorney Chris Thomas for Tracy Hino, Michael A. Weight present (Ct Rptr: Tape) by Judge Kobayashi (gs) |
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| 2000-12-01 |
5 |
0 |
Financial Affidavit - CJA23 |
FINANCIAL Affidavit as to Elaine Maile Silva (gs) |
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| 2000-12-01 |
6 |
0 |
Order of Detention |
ORDER of Temporary Detention Pending Hearing Pursuant to Bail Reform Act as to Elaine Maile Silva by Mag Judge Leslie E. Kobayashi (gs) |
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| 2000-12-06 |
7 |
0 |
Warrant Returned Executed |
ARREST Warrant returned executed as to Elaine Maile Silva on 11/30/00 (gs) |
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| 2000-12-06 |
8 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Detention Hearing - Deft present in custody; Arguments made by defense; Oral Motion to Continue Detention Hearing GRANTED; Further Detention Hearing set for 3:30 12/13/00, LEK; Deft remanded to the custody of the USMS; Elaine Maile Silva, USA Attorney Chris Thomas for Tracy Hino, Michael A. Weight present (Ct Rptr: Tape) by Mag Judge Kobayashi (gs) |
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| 2000-12-13 |
9 |
0 |
Minutes - Miscellaneous |
EO: MINUTES Further Detention hearing - More time needed. Further detention hearing set for 10:00 12/21/00 BMK for Elaine Maile Silva by Mag Judge KOBAYASHI (gab) |
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| 2000-12-18 |
10 |
0 |
Stipulation and Order |
STIPULATION and order for Temporary Release of Defendant for purposed of Being assessed for Drug treatment by Mag Judge Barry M. Kurren (gs) |
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| 2000-12-19 |
11 |
0 |
Notice of Hearing |
NOTICE as to Deft Elaine Silva; Further Detention Hearing set for 12/21/00 @ 10:00 a.m. BMK is rescheduled to be heard before Mag Kevin Chang; Notified: Tracy Hino, Michael Weight (gs) |
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| 2000-12-21 |
12 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Further Detention Hearing - defendant present. Motion to Detain - denied. Pending availability of bed-space at Hina Mauka, defendant released on: Bail: (7a) Execute a bond in the amount of $25,000 unsecured bond; defendant is placed in the 3rd party custodianship of Kimberly Castillo. (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) Upon successful completion of residential drug treatment, maintain residence with/at: Kimberly Castillo, at 87-824 Helekula Way, Waianae, Hi 96792. (7k) Weed and Seed. You are prohibited from entering/frequenting the Operation Weed & Seed Target Areas.(7p) Upon successful completion of residential drug treatment, 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.(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. (7x) Participate in inpatient and/or outpatient substance abuse treatment as directed by Pretrial Services. Complete the residential phase of treatment at: Hina Mauka. (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; Elaine Maile Silva, USA Attorney Tracy Hino, Michael A. Weight present ( Ct Rptr: Tape) by Mag Judge Chang (gs) |
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| 2001-01-02 |
13 |
0 |
Minutes - Miscellaneous |
EO: MINUTES Final Pretrial Conference set for 1-2-01 vacated. Tracy Hino to prepare stipulation to continue trial. New dates given: JS/JT 3-28-01 @ 9, SOM. Final Pretrial Conference 2-26-01 @ 10, KSC. Motions due 2-5-01. Response due 2-20-01. by Mag Judge KURREN (gab) |
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| 2001-01-10 |
14 |
0 |
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ORDER Setting Conditions of Release for Elaine Maile Silva ( $25,000.00 UNSECURED posted ) by Mag Judge Kevin S. Chang (gs) |
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| 2001-01-10 |
15 |
0 |
Detention - Miscellaneous |
APPEARANCE BOND ($25,000.00 UNSECURED) posted by Elaine Maile Silva signed by Judge Chang (gs) |
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| 2001-01-10 |
16 |
0 |
Indictment |
EP: First SUPERSEDING INDICTMENT by USA; naming Elaine Maile Silva counts filed against Elaine Maile Silva (1) count(s) 1s, 2s-3s ordered ( Judith Powers) by Mag Judge Chang (gs) Additional attachment(s) added on 4/17/2006 (gls, ). |
2010-02-14 15:16:53 |
c25519d5f99ffcd2ff7d4c6c3c724e73932f0145 |
| 2001-01-10 |
17 |
0 |
Summons Issued |
PS issued as to Elaine Maile Silva ; arraignment set for 10:00 1/16/01 for Elaine Maile Silva before Mag Judge Barry M. Kurren (gs) |
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| 2001-01-16 |
18 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: A & P to First Superseding Indictment - deft present; Arrn Waived; Plea of Not Guilty entered; Trial dates/deadlines to remain unchaged; Elaine Maile Silva, USA Attorney Tracy Hino, Michael A. Weight present (Ct Rptr: Tape) by Mag Judge Kurren (gs) |
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| 2001-01-18 |
19 |
0 |
Stipulation and Order |
STIPULATION Continuing Trial Date and Excluding Time Under The Speedy Trial Act; Order Continuing Trial Date and Excluding Time Under The Speedy Trial Act; Certificate of Service by Judge Susan O. Mollway ; jury trial set for 9:00 3/28/01 for Elaine Maile Silva; Time excluded: 1/30/01 - 3/28/01 (gs) |
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| 2001-01-19 |
20 |
0 |
Summons Returned Executed |
PS returned unexecuted as to Elaine Maile Silva (gs) |
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| 2001-02-06 |
21 |
0 |
Information to Establish Prior Conviction |
SPECIAL INFORMATION as to prior drug conviction of defendant pursuant to Title 21, United States Code; Section 851; Declaration of Counsel; exhibits A-C; USA as to Elaine Maile Silva; certificate of service (gab) |
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| 2001-02-08 |
22 |
0 |
Stipulation and Order |
STIPULATION and order to amend conditions of bail as to deft. Elaine Maile Silva by Mag Judge Kevin S. Chang - 7(k) deft. permitted to enter Weed and Seed area for sole purpose of attending drug treatment testing (gab) |
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| 2001-02-21 |
23 |
0 |
Minutes - Miscellaneous |
EO: MINUTES Final Pretrial Conference cont from 2/26/01 to 2/27/01 @ 1:30, KSC; cc: Tracy Hino, Michael Weight by Mag Judge Kurren (gs) |
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| 2001-02-27 |
24 |
0 |
Minutes - Miscellaneous |
EO: MINUTES ; final pretrial conf moved from 2/27/01 to 10:00 3/5/01 LEK for Elaine Maile Silva by Mag Judge CHANG (gab) |
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| 2001-03-05 |
25 |
0 |
Minutes - Miscellaneous |
EO: MINUTES Final Pretrial Conference not held. Parties are in agreement to continue trial date. Jury Selection/Trial is continued to 9:00 6/5/01, SOM Final Pretrial Conference is continued to 10:00 5/7/01, KSC Deft's Motions due 4/23/01 Govt's Response due 5/7/01 Hino to prepare Stipulation Continuing Trial Date and Excluding Time Under The Speedy Trial Act for Judge Susan Oki Mollway's approval. Time to be excluded 3/28/01 thru 6/5/01. by Mag Judge KOBAYASHI (gab) |
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| 2001-03-12 |
26 |
0 |
Stipulation and Order |
STIPULATION to Continue Trial Date and Excluding Time Under the Speedy Trial Act; Order Granting Continuance of Trial Date and Excluding Time Under the Speedy Trial Act by Judge Susan O. Mollway ; jury trial set for 9:00 6/5/01; pretrial conference set for 10:00 5/7/01; Time excluded: 3/28/01 - 6/5/01 for Elaine Maile Silva (gs) |
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| 2001-05-03 |
27 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on ; withdrawal of not guilty plea and to plead anew is set for Thursday, 10:00 5/17/01 for Elaine Maile Silva before Judge CHANG; notified: Tracy Hino and Michael Weight. (gab) |
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| 2001-05-14 |
28 |
0 |
Miscellaneous Document |
PETITION for Action on Conditions of Pretrial Release ordered, for Elaine Maile Silva by Mag Judge Kevin S. Chang - added condition (7o) Comply with the following curfew: 7:00 p.m. to 7:00 a.m. unless pre-approved by PTS for purposes of attending Alcoholics/Narcotics Anonymous meetings or other legitimate reasons. (gab) |
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| 2001-05-17 |
29 |
0 |
Miscellaneous Document |
Report and Recommendation concerning Plea of Guilty as to Elaine Maile Silva (gab) |
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| 2001-05-17 |
30 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Motion to Withdraw Not Guilty Plea and to Plead Anew as to Elaine Silva - Consent to Rule 11 Plea in a Felony Case Before U. S. Magistrate Judge signed and filed. Defendant sworn, questioned by Court. Defendant advised of constitutional rights and the maximum penalty provided by law, etc. Government summarized the government's evidence against the defendant. Memorandum of Plea Agreement signed and filed. Plea of guilty entered Counts 1, 2 & 3 of the Superseding Indictment. Report and Recommendation Concerning Plea of Guilty signed and filed. Defendant advised of right to file an objection to the Report and Recommendation. Defendant referred to the probation office for a presentence report. Sentence date: 10-9-01 at 3:00 SOM Bail modified: Special condition No 7 deleted and replaced with the following: 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. The Court authorizes release under the CURFEW Restriction. Government's Oral Motion to Dismiss the Information filed on 2-6-01 granted Elaine Maile Silva Attorney Michael A. Weight, Tracy Hino present ( Ct Rptr: Tape) by Mag Judge CHANG (gab) Modified on 05/22/2001 |
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| 2001-05-17 |
31 |
0 |
Plea Agreement |
MEMORANDUM of Plea Agreement as to Elaine Maile Silva (gab) |
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| 2001-05-17 |
32 |
0 |
Miscellaneous Document |
CONSENT to Rule 11 plea in a felony case before a United States Magistrate Judge as to Elaine Maile Silva (gab) |
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| 2001-06-04 |
33 |
0 |
Order |
Acceptance of Plea of Guilty, Adjudication of Guilt and Notice of Sentencing as to deft. Elaine Maile Silva by Judge Susan O. Mollway (cc: all counsel) (gab) |
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| 2001-08-28 |
34 |
0 |
Sentencing Memorandum |
Government's SENTENCING Statement as to Elaine Maile Silva; certificate of service (gab) |
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| 2001-08-29 |
35 |
0 |
Sentencing Memorandum |
Defendant Elaine Maile Silva Response to draft presentence report and objection to imposition of any sentence pursuant to those portions of 21 U.S.C. 841 which are unconstitutional as to Elaine Maile Silva; certificate of service (SEALED) (gab) |
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| 2001-09-24 |
36 |
0 |
Sentencing Memorandum |
Government's Reply to defendant's supplemental response to draft presentence report and objection filed on August 29, 2001; exhibit a; certificate of service as to Elaine Maile Silva (gab) |
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| 2001-10-03 |
37 |
0 |
Sentencing Memorandum |
Government's Supplemental Reply to Defendant's Supplemental Response to Presentence Report and Objection as to Elaine Maile Silva; certificate of service (SEALED) (gab) |
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| 2001-10-09 |
38 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Sentencing as to Counts 1,2 and 3 of the Superseding Indictment - Defendant Elaine Silva present. Discussion held re: Buckland. Defendant requests to continue sentencing - Granted. Sentencing as to Counts 1,2 and 3 of the Superseding Indictment continued to 11/7/01 @ 4:00 p.m. SOM. Elaine Maile Silva, Rosann Donohoe (USPO), Attorney Michael A. Weight, Tracy Hino present ( Ct Rptr: Debra Chun) by Mag Judge MOLLWAY (gab) |
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| 2001-11-05 |
39 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on ; sentencing as to Counts 1, 2 and 3 of the Superseding Indictment set for 11/7/01 @ 4:00 p.m. SOM is continued to 3:00 1/2/02 for Elaine Maile Silva before Judge MOLLWAY; notified: Tracy Hino, Michael Weight; Mr. Weight to prepare the stipulation. (gab) |
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| 2001-11-07 |
40 |
0 |
Stipulation and Order |
STIPULATION and order extending sentencing date by Judge Susan O. Mollway ; sentencing hearing set for 3:00 1/2/02 for Elaine Maile Silva (gab) |
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| 2001-11-13 |
41 |
0 |
Stipulation and Order |
STIPULATION and order Amending Bail condition regarding electronic monitoring by Judge Susan O. Mollway as to deft. Elaine Maile Silva - remove requirement to abide by electronic monitoring and to substitute a curfew in place thereof, to be established by PTS. (gab) |
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| 2001-12-28 |
42 |
0 |
Notice of Hearing |
NOTICE of hearing - Sentencing as to Counts 1, 2 and 3 of the Superseding Indictment set for 1/2/02 @ 3:00 p.m. SOM, is continued to 3:15 2/22/02 SOM for Elaine Maile Silva. Notified: Tracy Hino AUSA; Michael Weight; USM. Mr. Weight to prepare the stipulation. (afc) |
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| 2002-01-03 |
43 |
0 |
Stipulation and Order |
STIPULATION and order extending sentencing date by Judge Susan O. Mollway ; sentencing hearing set cont. from 1/2/02 to 3:15 2/22/02 for Elaine Maile Silva (gab) |
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| 2001-01-21 |
44 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on ; sentencing as to counts 1, 2 and 3 of the Superseding Indictment set for 2/22/02 @ 3:15 p.m. SOM is continued to 3:15 3/1/02 for Elaine Maile Silva before Judge MOLLWAY (gab) |
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| 2002-03-01 |
45 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: sentencing as to Counts 1, 2 and 3 of the Superseding Indictment hearing held on 3/1/02 Defendant Elaine Maile Silva present. The Memorandum of Plea Agreement has been accepted by the Court. sentencing Elaine Maile Silva (1) count(s) 1s, 2s -3s . ADJUDGED: Imprisonment: 84 Months as to each of Counts 1,2 and 3, to be served concurrently. Supervised Release: 8 Years as to each of Counts 1,2 and 3, to be served concurrently. Special Assessment: $300.00 ($100.00 as to each Count). CONDITIONS: That the defendant shall abide by the standard conditions of supervision. That the defendant not commit any crimes Federal, State, or Local (mandatory condition). That the defendant not possess illegal controlled substances (mandatory condition). That the defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of release from imprisonment and at least two drug tests thereafter, as directed by the Probation Office (mandatory condition). That the defendant is prohibited from possessing a firearm as defined in 18 U.S.C. 921. That the defendant is prohibited from possessing any illegal or dangerous weapons. That the defendant participate in a substance abuse program, which may include drug testing at the discretion and direction of the Probation Office. Without the prior approval of the Probation Office, the defendant shall not enter the Waipahu Weed and Seed target area which is bound on the north by the H1 Freeway, on the east by Wainui and Waipahu Depot Roads, on the south by the City and County of Honolulu Sewage Treatment Plant and by the Westloch of Pearl Harbor, and on the west by Kunia Road, as depicted in the map to be attached to the Judgment. That the defendant shall submit her person, residence, place of employment, or vehicle to a search conducted by the U.S. Probation Office at a reasonable time and in a reasonable manner, based upon reasonable suspicion of contraband or evidence of a violation of a condition of supervision. Failure to submit to a search may be grounds for revocation. The defendant shall warn any other resident that the premises may be subject to search pursuant to this condition. Defendant advised of her right to appeal. Mittimus is stayed until 4/8/02. Defendant to self-surrender on 4/8/02 @ 10:00 a.m. at the facility designated by the Bureau of Prisons. The time is the time at the facility. The Court finds by clear and convincing evidence that the defendant does not pose a danger to the community and is not a flight risk. Defendant to remain out on bail with the same conditions to apply. JUDICIAL RECOMMENDATIONS: 1) Dublin; 2) Drug Treatment Program; 3) Education and Vocational Programs. , dismissing counts as to , terminating party Elaine Maile Silva , case terminated Mr. Weight stated that he will file a written notice of appeal re: Buckland. ; Elaine Maile Silva, Rosanne Donohoe (USPO), Alysa Makahanaloa (USPO), Attorney Constance Hassell, Michael A. Weight present ( Ct Rptr: Debra Chun) by Judge MOLLWAY (gab) |
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| 2002-03-06 |
46 |
0 |
Judgment |
JUDGMENT and Commitment as to Elaine Maile Silva by Judge Susan O. Mollway (cc: all counsel) (gab) |
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| 2002-03-08 |
47 |
0 |
Notice of Appeal - Final Judgment |
NOTICE OF APPEAL to 9CCA by defendant Elaine Maile Silva regarding [46-1] fees pda (gab) |
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| 2002-03-13 |
48 |
0 |
Miscellaneous Document |
PETITION for Action on Conditions of Pretrial Release BW ordered, for Elaine Maile Silva by Judge Susan O. Mollway (gab) |
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| 2002-03-13 |
49 |
0 |
Warrant Issued |
ARREST Warrant issued for Elaine Maile Silva bail set for NO BAIL by Judge Susan O. Mollway (gab) |
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| 2002-03-14 |
50 |
0 |
Minutes - Miscellaneous |
EO: MINUTES Order to Show Cause Why Supervised Release Should not be revoked set for 3:30 3/14/02 by Mag Judge MOLLWAY (gab) |
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| 2002-03-14 |
51 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Order to Show Cause Why Pretrial Release Should Not Be Revoked - Defendant Elaine Maile Silva present and in custody. Defendant does not admit to the 2 violations of the conditions of pretrial release. Order to Show Cause Why Pretrial Release Should Not Be Revoked - continued to 3/15/02 @ 3:30 p.m. Anthony Barry, USPTS, to determine if the defendant's sister is an appropriate third party custodian, and to obtain the results of the lab test. The Court Orders that the defendant be released from custody and to stay with her sister overnight and to return to court tomorrow. Elaine Maile Silva Attorney Constance Hassell, William Domingo for Michael A. Weight present ( Ct Rptr: Debra Chun) by Judge MOLLWAY (gab) |
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| 2002-03-18 |
52 |
0 |
Appeal - Miscellaneous |
ORDER FOR TIME SCHEDULE as to deft. Elaine Silva RT to be ordered by 4/5/02 ;RT to be filed by 5/6/02 ;Aplnt's brief to be filed by 6/17/02 ;Aple's brief to be filed by 7/17/02 ;Aplnt's opt reply brief to be filed by 7/31/02 (cc: Clerk, 9CCA, all counsel, Court Reporters) Notice of Appeal sent to Clerk, 9CCA and to all counsel (gab) |
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| 2002-03-15 |
53 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Continued Hearing on Order to Show Cause as to Why Pretrial Release Should Not Be Revoked - Defendant Elaine Maile Silva present. The PTS officer informed the Court that as to: Violation No. 1) the 2/19/02 lab result was positive; Violation No. 2) the defendant's sister and another person at the residence, where the defendant was to reside, have criminal records. Court determines that there is no suitable custodian for the defendant. The defendant is remanded to the custody of the USM. ; Elaine Maile Silva Attorney Constance Hassell, William Domingo for Michael Weight present ( Ct Rptr: Debra Chun) by Judge MOLLWAY (gab) |
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| 2002-03-18 |
54 |
0 |
Warrant Returned Executed |
ARREST Warrant returned executed as to Elaine Maile Silva on 3/14/02 (gab) |
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| 2002-03-29 |
55 |
0 |
USCA Notice of Docketing Record on Appeal |
APPEAL number 02-10151 received from 9CCA regarding [47-1] (gs) |
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| 2002-04-05 |
56 |
0 |
Designation of Record on Appeal |
APPEAL Transcript Designation and Order form Debra Chun for the dates of 03-01-02 regarding [47-1] (afc) |
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| 2002-04-26 |
57 |
0 |
Presentence Investigation Report |
PRESENTENCE Report on Elaine Maile Silva (original sealed and held in probation office). (bbb) |
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| 2002-04-26 |
58 |
0 |
Sentencing Memorandum |
SENTENCING RECOMMENDATION as to Elaine Maile Silva (original sealed and held in probation office) (bbb) |
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| 2002-05-07 |
59 |
0 |
Appeal Record Sent to USCA |
APPEAL Certificate of Record Transmitted to 9CCA regarding [47-1] (cc: all counsel) (bbb) |
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| 2002-06-24 |
60 |
0 |
USCA Order |
APPEAL Order from 9CCA dismissing the appeal [47-1] (cc: CRD, all counsel, USPO, USDJ) (bbb) |
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| 2004-02-25 |
61 |
0 |
Miscellaneous Document |
Elaine Maile Silva's Motion for Reduction of Sentence to Reflect Additional Credit for Time served Per Rule 35 3585. Calculation of a Term of Imprisonment (gs) |
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| 2004-02-25 |
62 |
0 |
Order |
ORDER Denying Defendant Elaine Maile Silva's Motion for Reduction of Sentence to Reflect Additional Credit for Time Served by Judge Susan O. Mollway denying petition [61-1] (gs) |
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