| Date Filed |
Document # |
Attachment # |
Short Description |
Long Description |
Upload date |
SHA1 hash |
| 2003-04-25 |
10 |
0 |
Order on Motion to Substitute Attorney |
WITHDRAWAL AND SUBSTITUTION of counsel; certificate of service by Mag Judge Leslie E. Kobayashi - Myles S. Breiner replacing attorney Randall M. Oyama for Roy W. Frisbee [ 1:03-m -261 ] (afc) |
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| 2003-04-25 |
11 |
0 |
Order on Motion to Substitute Attorney |
WITHDRAWAL AND SUBSTITUTION of counsel and ORDER by Mag Judge Leslie E. Kobayashi; certificate of service - Attorney Reginald P. Minn replacing attorney Myles S. Breiner for Roy W. Frisbee - filed by attorney Reginald Minn [ 1:03-m -261 ] (afc) |
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| 2003-05-20 |
17 |
0 |
Miscellaneous Document |
Government's Initial Discovery Statement; Certificate of Service (gab) |
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| 2003-06-02 |
20 |
0 |
Minutes - Miscellaneous |
EO: MINUTES: Final Pretrial Conference and motion to reconsider detention order by defendant Roy W. Frisbee [18-1] set for 6/5/2003 @ 10:00 a.m. will be set for 9:00 6/5/03 before Judge Kurren; Cousnel Louis Bracco and Reginal Minn were notified by phone of this continued time. by Judge Barry M. Kurren (gab) |
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| 2003-06-03 |
21 |
0 |
Response/Reply - Miscellaneous |
Government's REPLY opposing defendant Frisbee's bail reconsideration motion [18-1] (gab) |
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| 2003-06-09 |
23 |
0 |
Order |
ORDER by Mag Judge Barry M. Kurren denying motion to reconsider pretrial detention by defendant Roy W. Frisbee [18-1] (gab) |
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| 2003-06-10 |
24 |
0 |
Indictment |
EP: SUPERSEDING INDICTMENT by USA; naming Jack Frisbee, Roy W. Frisbee, Doug Farias, William Villa, Anthony Valentin, Ferdinand Pasion, Samuel Pasion, Manuel Cabral counts filed against Jack Frisbee (1) count(s) 1, Roy W. Frisbee (2) count(s) 1s, 2s, Doug Farias (3) count(s) 1, 3, William Villa (4) count(s) 1, Anthony Valentin (5) count(s) 1, 4, Ferdinand Pasion (6) count(s) 1, 5, Samuel Pasion (7) count(s) 1, Manuel Cabral (8) count(s) 1 ordered ( Marjann Shawler) by Mag Judge Barry M. Kurren (gab) |
2010-02-14 14:02:28 |
096bc3f461da0ba40420a3fa3bcccebc9f4ef1f1 |
| 2003-06-10 |
25 |
0 |
Warrant Issued |
ARREST Warrant issued for Jack Frisbee bail set for NO BAIL by Mag Judge Barry M. Kurren (sealed) |
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| 2003-06-18 |
32 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on - Initial Appearance and A&P as to the Superseding Indictment. On June 19, 2003 @ 3:00 p.m. as to Defendant s (03) Doug Farias and (04) William Villa. Government Counsel Lou Bracco. Defendant's counsel (03) Doug Farias - Michael Green and (04) William Villa-Public Defender to make an appearance. On June 20, 2003 @ 3:00 p.m. as to Defendants (06) Ferdinand Pasion and (07) Samuel Pasion. Government Counsel Lou Bracco. Defendant's Counsel Panel Atty's to be appointed. On June 24, 2003 @ 3:00 p.m. as to Defendant (05) Anthony Valentin. Government Counsel Lou Bracco. Defendant's Counsel - Pamela Tower. before Judge Barry M. Kurren (sealed) |
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| 2003-06-19 |
33 |
0 |
Warrant Returned Executed |
ARREST Warrant returned executed as to Jack Frisbee on 6/16/03 (sealed) |
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| 2003-06-19 |
34 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on ; arraignment as to the Superseding Indictment is set for 10:00 6/20/03 for Roy W. Frisbee before Judge Barry M. Kurren (sealed) |
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| 2003-06-20 |
37 |
0 |
Motion for Miscellaneous Relief |
MOTION to detain by USA as to Jack Frisbee (sealed) |
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| 2003-06-30 |
60 |
0 |
Response to Motion |
Government's initial discovery statement; exhibit A (gab) |
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| 2003-07-03 |
66 |
0 |
Order |
Government's Motion to Unseal Search Warrant Affidavits for Rule 16 Discovery Purposes; ORDER by Mag Judge Leslie E. Kobayashi exhibit A (gab) |
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| 2003-07-03 |
67 |
0 |
Order |
ORDER by Mag Judge Barry M. Kurren declaring case complex and setting Joint Trial date of October 15, 2003 ; jury trial set for 9:00 10/15/03 for Jack Frisbee, for Roy W. Frisbee, for Doug Farias, for William Villa, for Anthony Valentin, for Ferdinand Pasion, for Samuel Pasion, for Manuel Cabral , Time excluded from 7/1/03 to and including 10/15/03 (gab) |
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| 2003-07-07 |
69 |
0 |
Response to Motion |
Government's (First) Supplemental Discovery Statement (gab) |
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| 2003-07-15 |
71 |
0 |
Miscellaneous Document |
ORDER Regarding Custody as to Jack Frisbee signed by Mag Judge Leslie E. Kobayashi (SEALED) (gab) |
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| 2003-07-14 |
74 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on ; arraignment as to the Indictment set for 10:30 7/17/03 for Jack Frisbee before Judge Leslie E. Kobayashi (gab) |
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| 2003-07-16 |
75 |
0 |
Miscellaneous Document |
APPLICATION Pro Hoc Vice by Julian W. Bailey as to defendant Jack Frisbe; declaration of Julian W. Bailey (gab) |
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| 2003-07-16 |
76 |
0 |
Response/Reply - Miscellaneous |
Government's REPLY opposing defendant Roy Frisbee's second bail reconsideration motion [72-1]; exhibit A (gab) |
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| 2003-07-17 |
77 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Initial Appearance; A & P as to the Indictment - Defendant (01) Jack Frisbee present in custody. Defendant fired his retained counsel. Court questions defendant. Defendant to retain new counsel. A & P as to the Indictment is continued to 10:00 7/24/03, LEK. Defendant remanded to the custody of the US Marshal. Jack Frisbee Attorney Louis A. Bracco, Julian Baley, Thomas Waters present ( Ct Rptr: C6 Tape 1436) by Judge Leslie E. Kobayashi (gab) |
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| 2003-07-24 |
79 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: A & P as to the Indictment - Defendant (01) Jack Frisbee present in custody. Randall M. Oyama appeared as retained counsel. James S. Kawashima is also retained as co-counsel. Charges received. Defendant waives public reading of the Indictment. Plea of Not Guilty entered. Jury Selection/Trial set for 9:00 10/15/03, HG Final Pretrial Conference set for 10:00 9/15/03, BMK Defendant's Motions due 9/2/03 Government's Response due 9/16/03 Time excluded from 7/24/03 thru 10/15/03 from the requirements of the Speedy Trial Act as to Defendant (01) Jack Frisbee. Govt to prepare Order. Motion to Detain filed. Detention Hearing set for 1:30 7/28/03, BMK. Defendant (01) Jack Frisbee remanded to the custody of the US Marshal. ; Jack Frisbee Attorney Louis A. Bracco, Randall M. Oyama present ( Ct Rptr: C6 Tape 1442) by Judge Leslie E. Kobayashi (gab) |
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| 2003-07-24 |
80 |
0 |
Certificate of Service |
CERTIFICATE of service by plaintiff USA (gab) |
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| 2003-07-28 |
81 |
0 |
Affidavit - Rule 40 |
RULE 40 Documents received from District of California as to defendant Jack Frisbee with the following certified documents: Commitment to Another District; Waiver of Rule 40 hearings; Minutes of 6/16/03; Notice of Proceedings on Out of District Criminal Charges; Docket Sheet (gab) |
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| 2003-07-28 |
82 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: detention hearing as to Defendant (01) Jack Frisbee held on 7/28/03 deft present in custody; M/Detain granted; Deft found to be flight risk and danger to community; Bracco to prepare order; Deft. remanded to custody of marshal. Jack Frisbee Attorney Randall M. Oyama, Louis A. Bracco present ( Ct Rptr: C6 Tape 1445) by Judge Barry M. Kurren (gab) |
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| 2003-08-06 |
83 |
0 |
Order of Detention |
ORDER of Detention by Mag Judge Leslie E. Kobayashi as to Jack Frisbee (gab) |
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| 2003-08-29 |
84 |
0 |
Stipulation and Order |
STIPULATION and order by Mag Judge Kevin S. Chang to amend conditions of pre-trial release as to deft. Anthony Valentin (05) - curfew to be determined at the discretion of PTS with the further condition that the deft obtain employment, attend school or do volunteer work (gab) |
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| 2003-09-11 |
86 |
0 |
Minutes - Miscellaneous |
EO: MINUTES: Continued : [Final Pretrial Conference] from 09/15/2003 10:00:00 AM to 10/06/2003 10:00:00 AM before LEK. Lou Bracco will notify all counsel by letter.; final pretrial conf set for 10:00 10/6/03 for Jack Frisbee, Roy W. Frisbee, Doug Farias, William Villa, Anthony Valentin, Ferdinand Pasion, Samuel Pasion, & Manuel Cabral by Judge Leslie E. Kobayashi (bbb) |
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| 2003-09-17 |
87 |
0 |
Indictment |
EP: SUPERSEDING INDICTMENT by USA; naming Jack Frisbee, Roy W. Frisbee, Doug Farias, William Villa, Anthony Valentin, Ferdinand Pasion, Samuel Pasion, Manuel Cabral counts filed against Jack Frisbee (1) count(s) 1s, 9s, Roy W. Frisbee (2) count(s) 1ss, 2ss, 9ss, Doug Farias (3) count(s) 1s, 3s, 9s, William Villa (4) count(s) 1s, Anthony Valentin (5) count(s) 1s, 4s, Ferdinand Pasion (6) count(s) 1s, 5s, 6s, 9s, Samuel Pasion (7) count(s) 1s, 7s, 9s, Manuel Cabral (8) count(s) 1s, 8s ordered ( Marjann Shawler) by Mag Judge Barry M. Kurren (bbb) |
2010-02-14 14:02:57 |
e6f0744f0c29a31958ef5416a9a44b8fb1ffddac |
| 2003-09-17 |
88 |
0 |
Summons Issued |
PS issued as to Jack Frisbee ; arraignment set for 3:00 9/25/03 for Jack Frisbee before Mag Judge Barry M. Kurren (bbb) |
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| 2003-09-19 |
96 |
0 |
Order on Motion to Substitute Attorney |
Notice of WITHDRAWAL, SUBSTITUTION of counsel; certificate of service and ORDER: Attorney William Harrison replacing attorney James Kawashima for Jack Frisbee, attorney Randall M. Oyama for Jack Frisbee by Judge Barry M. Kurren (bbb) |
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| 2003-09-25 |
101 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: A & P as to the Superseding Indictment - defts present (01) Jack Frisbee in custody, (02) Roy Frisbee in custody, (03) Doug Farias on bail, (04) William Villa on bail, (05 Anthony Valentin in bail, (07) Samuel Pasion in custody and (08) Manuel Cabral on bail. Arrns waived. Pleas of NOT GUILTY entered. Dates given: JS/JT 2-3-04 @ 9 a.m., HG FPT 1-5-04 @ 10 a.m., KSC Motions due 12-22-03 Response due 1-5-04 Bracco to prepare order excluding time from 10-15-03 thru 2-3-04 to allow defense counsel adequate time to prepare, interest of justice, and complexity of case. Defts present in custody remanded to marshal.; Jack Frisbee, Roy W. Frisbee, Doug Farias, William Anthony Valentin, Ferdinand Pasion, Samuel Pasion, Manuel Cabral, USA Attorney Louis A. Bracco, Reginald P. Minn, William Harrison, David F. Klein, Arnold T. Phillips II, Pamela O'Leary Tower, Pamela J. Byrne, Michael Jay Green present ( Ct Rptr: Laila Geronimo #1466) by Judge Leslie Kobayashi (bbb) |
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| 2003-09-29 |
102 |
0 |
Summons Returned Executed |
PS executed on 9/25/03 as to Jack Frisbee (bbb) |
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| 2003-09-29 |
106 |
0 |
Order |
ORDER continuing trial to February 3, 2004 and excluding speedy trial time by Mag Judge Leslie E. Kobayashi ; jury trial set for 9:00 2/3/04; pretrial conference set for 10:00 1/5/04 for Jack Frisbee, for Roy W. Frisbee, for Doug Farias, for William Villa, Anthony Valentin, for Ferdinand Pasion, for Samuel Pasion, for Manuel Cabral , time excluded between 10/15/03 thru 02/03/04 (bbb) |
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| 2003-10-02 |
108 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on Motion for Withdrawal of Not Guilty Plea and To Plead Anew set for 1:30 10/.8/03, LEK AUSA, Louis Bracco Deft's Atty, Pamela O'Leary Tower before Judge Leslie E. Kobayashi (bbb) |
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| 2003-12-29 |
119 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing onsetting hearing on Defendant (02) Roy W. Frisbee's Motion to Continue Trial set for December 31, 2003 is hereby continued to January 05, 2004 @l0:00 a.m. at the same time as the Final PreTrial Conference before Judge Chang. Government Counsel-Louis Bracco Defendants'Counsel-(01) William Harrison, (02) Reginald Minn, (03) Michael Green, (04) Pamela Byrne, (05) Pamela Tower, (06) Pamela Tamashiro, (07) Arnold Phillips and (08) David Klein [116-1] (bbb) |
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| 2004-01-05 |
121 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: 1) Final Pretrial Conference - not held; 2) Defendant (02) Roy W. Frisbee's Motion to Continue Trial; 3) Defendant (04) William Villa's Joinder in Defendant (02) Roy W. Frisbee's Motion to Continue Trial filed December 23, 2003; Defendant (02) Roy Frisbee present, in custody. Defendant (04) William Villa present, not in custody. Presence waived as to all other defendants. The Court noted counsel Michael Green's presence earlier in the morning and Mr. Green's statement that he had no opposition to the Motion. Ms. Tamashiro objects to the long continuance as to defendant (06) Ferdinand Pasion a/k/a "Fred Pasion". Defendant (02) Roy W. Frisbee's Motion to Continue Trial is granted. Defendant (04) William Villa's Joinder in Defendant (02) Roy W. Frisbee's Motion to Continue Trial filed December 23, 2003 is granted.; Jury Selection/Trial: 6/22/04, 9:00am before Judge Gillmor; Final Pretrial Conference: 5/24/04, 10:00am before Judge Kurren; Motions due: 3/17/04; Response due: 3/31/04; Mr. Bracco to prepare the Order and exclude time from 2/3/04 through 6/22/04. Defendant (02) remanded to the custody of the USMS. [116-1] time excluded between 02/03/04 thru 06/22/04 ; Jack Frisbee, Roy W. Frisbee, Doug Farias, William Villa, Ferdinand Pasion, Samuel Pasion, Manuel Cabral, USA Attorney Louis A. Bracco, Reginald P. Minn for William Harrison, Reginald P. Minn, Michael Jay Green - no appearance, Pamela J. Byrne, Pamela E. Tamashiro, Arnold T. Phillips II, Reginald P. Minn for David F. Klein present ( Ct Rptr: C5 CD#2 10:08:32-10:15:21am) by Judge Kevin S. Chang (bbb) |
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| 2004-01-06 |
122 |
0 |
Order |
Government's request for additional time to respond to defense pretrial motions; declaration of Louis A. Bracco; ORDER extending time for response to suppression motions ; certificate of service by Judge Helen Gillmor re [115-1], re [114-1] (bbb) |
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| 2004-01-07 |
123 |
0 |
Order |
ORDER continuing trial to June 22, 2004 and excluding speedy trial time by Mag Judge Kevin S. Chang ; jury trial set for 9:00 6/22/04; pretrial conference set for 10:00 5/24/04 for Jack Frisbee, Roy W. Frisbee, Doug Farias, William Villa, Ferdinand Pasion, Samuel Pasion, Manuel Cabral , time excluded between 02/03/2004 thru 06/22/2004 (bbb) |
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| 2004-01-16 |
124 |
0 |
Response to Motion |
Government's REPLY to defendant Samuel Pasion's motion to suppress physical evidence [115-1]; certificate of service (bbb) |
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| 2004-01-16 |
125 |
0 |
Response to Motion |
Government's REPLY to defendant Ferdinand Pasion's motion to suppress evidence and for return of property [114-1]; exhibits a-c; certificate of service (bbb) |
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| 2004-01-20 |
128 |
0 |
Response/Reply - Miscellaneous |
Government's REPLY to defendant Ferdinand Pasion's supplemental suppression motion [126-1] (bbb) |
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| 2004-01-21 |
130 |
0 |
Order |
Ferdinand Pasion's ORDER to subpoena witnesses, pay witness fees and costs of transportation and sealing of all papers by Judge Helen Gillmor re [129-1] (SEALED) (bbb) Modified on 01/22/2004 |
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| 2004-01-26 |
132 |
0 |
Witness List |
Government's combined WITNESS/EXHIBIT list re: defendant(s) Pasion suppression hearing (bbb) |
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| 2004-01-26 |
133 |
0 |
Response/Reply - Miscellaneous |
Government's REPLY to defendant Ferdinand Pasion's supplemental citation [131-1] (bbb) |
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| 2004-01-30 |
135 |
0 |
Stipulation and Order |
STIPULATION and order to modify defendant Doug Farias' term and conditions of bail; certificate of service by Mag Judge Kevin S. Chang [53-1]: that the custodian for Defendant be changed from his wife Celeste Farias to Defendant's mother Genevive Farias (bbb) Modified on 01/30/2004 |
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| 2004-02-20 |
140 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on The hearing on Motion for Withdrawal of Not Guilty Plea and to Plead Anew is set for February 27, 2004 @ 10:15 a.m. before the Honorable Helen Gillmor. Louis A. Bracco, Esq. Michael Jay Green, Esq. as to deft (03) Doug Farias (bbb) |
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| 2004-02-27 |
141 |
0 |
Order |
PRELIMINARY ORDER of Forfeiture; exhibit a - as to Doug Farias 03 by Judge Helen Gillmor (eps) |
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| 2004-03-03 |
144 |
0 |
Notice of Hearing |
NOTICE of setting hearing on sentencing as to Count 1 of the Second Superceding Indictment hearing set for 1:30 9/7/04 for Anthony Valentin before Judge Helen Gillmor - Louis A. Bracco; Pamela O'Leary Tower (fe) |
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| 2004-03-25 |
146 |
0 |
Stipulation and Order |
STIPULATION modifying conditions of pretrial release re: travel and order by Mag Judge Barry M. Kurren - on behalf of deft - deft permitted to travel during months of March and April 2004 from Hawaii to California and back; PTS is authorized to discontinue electronic monitoring (fe) |
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| 2004-04-05 |
147 |
0 |
Response/Reply - Miscellaneous |
REPLY by plaintiff USA to defendant (06) Ferdinand Pasion's renewed motion for return of drug proceeds; exhibits A-B [145-1] (afc) |
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| 2004-04-06 |
148 |
0 |
Service by Publication |
AFFIDAVIT OF PUBLICATION - Preliminary Order of Forfeiture condemning & forfeiting interest of Doug Farias - published 3 times in The Honolulu Advertiser on 3/16/04, 3/23/04, and 3/30/04 (afc) |
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| 2004-04-23 |
150 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on ; withdrawal of not guilty plea set for 10:30 5/27/04 for Ferdinand Pasion before Judge Barry M. Kurren (gab) |
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| 2004-05-03 |
153 |
0 |
Stipulation and Order |
STIPULATION to Continue Ancillary Hearing on Petition of Celeste Farias Order; Exhibit A by Judge Helen Gillmor - hearing continued from 5/4/04 to 7/6/04 at 3:00 before Judge Gillmor (sm) |
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| 2004-05-06 |
156 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on ; withdrawal of not guilty plea and to plead anew set for 2:00 5/11/04 for Samuel Pasion before Judge Kurren; government counsel Lou Bracco notified; defendant counsel Arnold Phillips notified (gab) |
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| 2004-05-07 |
158 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on ; withdrawal of not guilty plea and to plead anew set for 5/11/04 @ 2:00 p.m. will now be set for 3:00 p.m. on the same day for Samuel Pasion before Judge Kurren (gab) |
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| 2004-05-13 |
163 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on ; withdrawal of not guilty plea and to plead anew set for 11:30 5/21/04 for Roy W. Frisbee before Judge Leslie E. Kobayashi (gab) |
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| 2004-05-13 |
164 |
0 |
Miscellaneous Document |
FINDINGS and RECOMMENDATIONS on CJA Compensation Claim by Mag Judge Kevin S. Chang - Pamela E. Tamashiro, Esq. as to deft. Ferdinard Pasion (06) - $6,026.35 (gab) |
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| 2004-05-20 |
167 |
0 |
Order |
ORDER Regarding Custody as to defendant (02) Roy Frisbee by Mag Judge Leslie E. Kobayashi (SEALED) (sm) |
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| 2004-05-21 |
168 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on ; withdrawal of not guilty plea and to plead anew set for 10:30 6/4/04 for Jack Frisbee before Judge Kobayashi (gab) |
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| 2004-05-21 |
169 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on ; withdrawal of not guilty plea and to plead anew set for 11:30 5/21/04, LEK is continued to 2:30 5/24/04 for Roy W. Frisbee before Judge Barry M. Kurren (gab) |
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| 2004-05-24 |
170 |
0 |
Minutes - Miscellaneous |
EO: MINUTES: Motion for Withdrawal of Not Guilty Plea and to Plead Anew as to Defendant (02) Roy Frisbee set for 05/24/2004 02:30:00 PM before BMK not held. Per Mr. Reginald Minn, defendant has decided not to change his plea. All parties notified. by Judge Barry M. Kurren (gab) |
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| 2004-05-24 |
171 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on ; withdrawal of not guilty plea and to plead anew set for 6/4/04 @ 10:30 a.m. is moved to 2:00 p.m. the same day for Jack Frisbee before Judge Leslie E. Kobayashi (gab) |
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| 2004-06-02 |
180 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on ; withdrawal of not guilty plea and to plead anew set for 2:00 6/4/04, LEK is continued to 3:30 6/10/04 for Jack Frisbee before Judge Leslie E. Kobayashi (sealed) |
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| 2004-06-10 |
183 |
0 |
Minutes - Miscellaneous |
EP: MINUTES:Motion to Withdraw Not Guilty Plea and to Plead Anew as to Defendant (01) Jack Frisbee-Defendant present in Custody. Defendant Sworn In. Court questions the Defendant. Consent to Rule 11 Plea in a Felony Case before U.S. Magistrate Judge signed and filed. Memorandum of Plea Agreement signed and filed. Court defers acceptance of the the Plea Agreement to Judge Gillmor. Defendant enters a Plea of Guilty as to Count 1 of the Second Superseding Indictment and admitted to the related criminal drug forfeitures as alleged in Count 9 of the Second Superseding Indictment. Court recommends the acceptance of the Guilty Plea and also recommends that the Defendant be adjudged Guilty as to Count 1 and Count 9 of the Second Superseding Indictment. Report and Recommendation concerning Plea of Guilty signed and filed. Defendant referred to the Probation Office for the preparation of the presentence report. Sentence set for November 29, 2004 @2:15 p.m. before Judge Gillmor. Detention Order to Remain in effect. Jack Frisbee, Timothy O'Malley (FBI), Attorney William Harrison, Louis A. Bracco present ( Ct Rptr: FTR C7 CD20) by Judge Leslie E. Kobayashi (gab) |
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| 2004-06-10 |
184 |
0 |
Miscellaneous Document |
CONSENT to Rule 11 plea in a felony case before a United States Magistrate Judge as to Jack Frisbee (gab) |
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| 2004-06-10 |
185 |
0 |
Plea Agreement |
MEMORANDUM of Plea Agreement as to Jack Frisbee (gab) |
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| 2004-06-10 |
186 |
0 |
Miscellaneous Document |
Report and Recommendation concerning Plea of Guilty as to Jack Frisbee (gab) |
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| 2004-06-30 |
188 |
0 |
Miscellaneous Document |
Acceptance of Plea of Guilty, Adjudication of Guilt and Notice of Sentencing as to Jack Frisbee by Judge Helen Gillmor (gab) |
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| 2004-07-02 |
189 |
0 |
Minutes - Miscellaneous |
EO: MINUTES: The hearing on Celeste Farias' Claim of Ownership and Petition to Amend the Preliminary Order of Forfeiture, filed February 27, 2004, is continued from July 6, 2004 to September 7, 2004 @ 10:30 a.m. by Judge Helen Gillmor (sealed) |
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| 2004-07-15 |
190 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on The Sentencing to count 1 of the Second Superseding Indictment as to Defendant (05) ANTHONY VALENTIN is continued from September 7, 2004 to January 18, 2005 @ 1:30 p.m. before the Honorable Helen Gillmor. Louis A. Bracco, Esq. Pamela O'Leary Tower, Esq. (bbb) |
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| 2004-07-22 |
191 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on The Sentencing to Counts 1 and 9 of the Second Superseding Indictment as to (03) DOUG FARIAS, aka Hollywood, /Government's Motion for 5K.1 Downward Departure is advanced from 3:45 p.m. to 1:30 p.m. on August 9, 2004 before Judge Helen Gillmor (gab) |
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| 2004-08-04 |
193 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on the sentencing to Counts 1 and 9 of the Second Superseding Indictment/Government's Motion for Downward Departure and Sentencing Recommendation as to (03) Doug Farias aka Hollywood has been continued from 8/9/2004 @ 1:30 p.m. to 1:30 1/6/05 for Doug Farias before Judge Helen Gillmor (sealed) |
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| 2004-08-16 |
196 |
0 |
Stipulation and Order |
Defendants (08) Manuel Cabral's STIPULATION and order extending motions deadline by Mag Judge Barry M. Kurren (bbb) |
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| 2004-08-17 |
197 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on The Sentencing to Counts 1, 6, and 9 of the Second Superseding Indictment as to (06) FRED PASION, aka "Fred Pasion", is continued from September 16, 2004 to January 20, 2005 @ 3:00 p.m. before the Honorable Helen Gillmor. Louis A. Bracco, Esq. Pamela E. Tamashiro, Esq. (bbb) |
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| 2004-08-18 |
198 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on The Sentencing to Counts 1, 7 and 9 of the Indictment as to Defendant (07) Samuel Pasion, aka "Sam Pasion", is continued from September 20, 2004 to January 20, 2005 @ 2:15 p.m. before the Honorable Helen Gillmor. Louis A. Bracco, Esq. Arnold T. Phillips II, Esq. before Judge Helen Gillmor (bbb) |
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| 2004-09-03 |
199 |
0 |
Order |
PRELIMINARY ORDER OF FORFEITURE as to defendants (06) Ferdinand Pasion, aka "Fred Pasion," and (07) Samuel Pasion, aka "Sam Pasion" - by Judge Helen Gillmor - filed by USA (afc) |
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|
| 2004-09-01 |
200 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on Final Pretrial Conference as to (02) Roy Frisbee, (04) William Villa, and (08) Manuel Cabral moved from 9-20-04 to 9-9-04 @ 11 a.m., LEK. Louis Bracco to notify parties (bbb) |
|
|
| 2004-09-07 |
201 |
0 |
Stipulation and Order |
STIPULATED settlement agreement; order; exhibit a by Judge Helen Gillmor by USA (re: Petitioner Celeste Farias CV 04-00217 HG-BMK) (bbb) |
|
|
| 2004-09-07 |
202 |
0 |
Order |
MINUTE ORDER: On April 6, 2004, Celeste Farias attempted to file a Claim of Ownership and Petition to Amend the Preliminary Order of Forfeiture in United States v. Doug Farias (03), CR. 03-00200-03 HG, which was mistakenly filed as the opening document in a separate civil case, Celeste Farias v. United States, CV. 04-00217 HG-BMK. On September 3, 2004, the Court received a letter from Celeste Farias's counsel, dated September 2, 2004, indicating that Celeste Farias v. United States, CV. 04-00217 HG-BMK should be dismissed. On September 7, 2004, the Court approved a Stipulated Settlement Agreement between Celeste Farias and the United States resolving all of the claims set forth in Celeste Farias's Claim of Ownership and Petition to Amend the Preliminary Order of Forfeiture. As the claims set forth in Celeste Farias's Claim of Ownership and Petition to Amend have been resolved, and Ms. Farias has indicated that Celeste Farias v. United States, CV. 04-00217 HG-BMK should be dismissed; The Court hereby ORDERS the Clerk to file copies of the documents from Celeste Farias v. United States, CV. 04-00217 HG-BMK in United States v. Doug Farias (03), CR. 03-00200-03 HG. Celeste Farias v. United States, CV. 04-00217 HG-BMK is DISMISSED. The hearing on Celeste Farias's Claim of Ownership and Petition to Amend the Preliminary Order of Forfeiture set for September 7, 2004, is VACATED. by Judge Helen Gillmor [201-1] (bbb) Modified on 09/08/2004 |
|
|
| 2004-04-06 |
207 |
0 |
Miscellaneous Document |
CELESTE FARIAS' claim of ownership and PETITION to amend the preliminary order of forfeiture, filed February 27, 2004; declaration of Celeste Farias; exhibit a; notice of setting hearing; certificate of service - referred to Judge Helen Gillmor (bbb) Modified on 09/24/2004 |
|
|
| 2004-04-07 |
208 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing onsetting hearing on The hearing on Celeste Farias' Claim of Ownership and Petition to Amend the Preliminary Order of Forfeiture, filed February 27, 2004, is set for May 4, 2004 @ 3:00 p.m. before the Honorable Helen Gillmor. Louis A. Bracco, Esq. Michael Jay Green, Esq. Myles S. Breiner, Esq. [207-1] (bbb) |
|
|
| 2004-07-02 |
209 |
0 |
Order |
MINUTE ORDER: The hearing on Celeste Farias' Claim of Ownership and Petition to Amend the Preliminary Order of Forfeiture, filed February 27, 2004, is continued from July 6, 2004 to September 7, 2004 @ 10:30 a.m. by Judge Helen Gillmor [207-1] (bbb) |
|
|
| 2004-09-24 |
211 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing onsetting hearing on Defendant (02) Roy W. Frisbee's Motion to Permit Marriage, or in the Alternative, for his Temporary Release from Custody set for 10:30 9/30/04, LEK AUSA, Louis A. Bracco Deft's Atty, Reginald P. Minn [210-1] (bbb) |
|
|
| 2004-09-27 |
212 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on vacating [210-1] Defendant (02) Roy W. Frisbee's Motion to Permit Marriage, or in the Alternative, for his Temporary Release from Custody set for 10:30 9/30/04, LEK is Vacated. Motion to be withdrawn. AUSA, Louis A. Bracco Deft's Atty, Reginald P. Minn (bbb) |
|
|
| 2004-09-27 |
213 |
0 |
Response/Reply - Miscellaneous |
Government's REPLY to defendant Roy Frisbee's motion for custodial marriage while pending trial [210-1] (bbb) |
|
|
| 2004-09-29 |
214 |
0 |
Response/Reply - Miscellaneous |
Government's REPLY to defendant Cabral's motion to suppress oral statements [206-1]; exhibit a; certificate of service (bbb) |
|
|
| 2004-10-01 |
216 |
0 |
Response/Reply - Miscellaneous |
Government's REPLY to defendant Roy Frisbee's motion to suppress evidence (and for return of noncontraband property); exhibit a; certificate of serivce [205-1] (bbb) |
|
|
| 2004-10-07 |
223 |
0 |
Notice (Other) |
NOTICE re proposed Bruton redaction as to defendant William Villa's oral statement; exhibit a; certificate of service by plaintiff USA (bbb) |
|
|
| 2004-10-12 |
226 |
0 |
Response/Reply - Miscellaneous |
Government's REPLY to defendant Roy Frisbee's motion (1) to suppress wiretap evidence [222-1], and (2) to disqualify Judg Helen Gillmor from hearing said suppression motion [221-1]; certificate of service (bbb) |
|
|
| 2004-10-13 |
232 |
0 |
Order |
Preliminary ORDER of forfeiture by Judge Helen Gillmor as to defendant Jack Frisbee (bbb) |
|
|
| 2004-10-15 |
237 |
0 |
Order |
ORDER by Judge Helen Gillmor to subpoena witnesses, pay witnesses fees and costs of transportation and sealing of all papers; [233-1] (SEALED) (gab) |
|
|
| 2004-10-15 |
240 |
0 |
Response/Reply - Miscellaneous |
REPLY by plaintiff USA to defendant Manuel Cabral's Amended in Limine Motion re evidence as to plea agreements [235-1]; exhibit A; certificate of service (gab) |
|
|
| 2004-10-18 |
241 |
0 |
Response/Reply - Miscellaneous |
Government's REPLY to defendant William Villa's in limine motion to exclude exper testimony concerning drug jargon [234-1]; certificate of service (bbb) |
|
|
| 2004-10-19 |
245 |
0 |
Sentencing Memorandum |
Government's SENTENCING Statement; certificate of service as to Jack Frisbee (bbb) |
|
|
| 2004-10-20 |
247 |
0 |
Jury Instructions |
Government's proposed JURY Instructions; certificate of service (bbb) |
|
|
| 2004-10-22 |
254 |
0 |
Response/Reply - Miscellaneous |
Government's REPLY to defendant Cabral's motion to strike testimony of Agent Chu [250-1]; certificate of service (bbb) |
|
|
| 2004-10-25 |
257 |
0 |
Writ of Habeas Corpus ad Prosequendum Issued |
ex parte APPLICATION for WRIT of habeas corpus AD TESTIFICANDUM; declaration of counsel; writ of habeas corpus ad testificandum by defendant Roy W. Frisbee (bbb) |
|
|
| 2004-10-25 |
258 |
0 |
Service - Miscellaneous |
USM 285 Process receipt and return - PROOF OF SERVICE by plaintiff USA of Notice/Preliminary Order; publication dates: 10/1, 10/8, 10/15 re Ferdinand & Samuel Pasion - 10/19/04 (eps) |
|
|
| 2004-10-26 |
261 |
0 |
Witness List |
Government's WITNESS list (bbb) |
|
|
| 2004-10-29 |
262 |
0 |
Order |
EX PARTE in camera submission of witness information for Brady/Giglio review and Order by Judge Helen Gillmor by USA - SEALED (sealed) |
|
|
| 2004-10-27 |
263 |
0 |
Jury Instructions |
Government's proposed JURY Instructions as to criminal forfeiture; certificate of service as to defendants (02) Roy Frisbee and (04) William Villa (bbb) |
|
|
| 2004-10-27 |
264 |
0 |
Order |
Government's Amended preliminary ORDER of forfeiture by Judge Helen Gillmor re [232-1] (bbb) |
|
|
| 2004-10-29 |
266 |
0 |
Response - Miscellaneous |
Government's STATEMENT OF JENCKS and other materials provided to defense counsel as to defendants (02) Roy Frisbee & (04) William Villa (bbb) |
|
|
| 2004-11-01 |
268 |
0 |
Response/Reply - Miscellaneous |
Government's REPLY to defendants' joint memorandum regarding jury instructions on sentencing facts [267-1]; certificate of service (bbb) |
|
|
| 2004-11-02 |
272 |
0 |
Response to Motion |
Government's RESPONSE to defendant Roy Frisbee's eve of trial motion to compel production of documents [269-1]; exhibits a & b; certificate of service (bbb) |
|
|
| 2004-11-03 |
273 |
0 |
Supplement |
Government's first SUPPLEMENTAL STATEMENT of jencks and other material sprovided to defense counsel [266-1] (bbb) |
|
|
| 2004-11-03 |
275 |
0 |
Response/Reply - Miscellaneous |
Government's REPLY to Defendant Villa's motion for FBI I-Drive documents [271-1]; certificate of service (gab) |
|
|
| 2004-11-04 |
277 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on The Sentencing to Count 1 of the Second Superseding Indictment and Count 9 (Forfeiture Count) of the Second Superseding Indictment as to (01) Jack Frisbee is continued from November 29, 2004 to April 28, 2004 @ 3:45 p.m. before the Honorable Helen Gillmor. Louis A. Bracco, Esq. William A. Harrison, Esq. for Jack Frisbee (bbb) |
|
|
| 2004-11-05 |
284 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on The Sentencing to Count 1 of the Second Superseding Indictment and Count 9 (Forfeiture Count) of the Second Superseding Indictment as to (01) Jack Frisbee is continued from November 29, 2004 to May 5, 2005 @ 2:15 p.m. before the Honorable Helen Gillmor. Louis A. Bracco, Esq. William A. Harrison, Esq. (bbb) |
|
|
| 2004-11-08 |
287 |
0 |
Order |
Government's EX PARTE supplemental submission re: October 29, 2004 ex parte in cameria submission of witness information and Brady/Giglo information; Order; exhibit a by Judge Helen Gillmor by plaintiff USA re [262-1] (SEALED) (bbb) |
|
|
| 2004-11-08 |
288 |
0 |
Minutes - Miscellaneous |
EO: MINUTES: SEALED MINUTE ORDER by Judge Helen Gillmor (bbb) |
|
|
| 2004-11-09 |
290 |
0 |
Supplement |
Second SUPPLEMENTAL statement of jencks and other materials provided to defense counsel by USA re [273-1] (bbb) Modified on 11/10/2004 |
|
|
| 2004-11-10 |
292 |
0 |
Supplement |
Third SUPPLEMENTAL statement of Jecks and other materials provided to defense counsel by plaintiff USA as to defendant (02) Roy Frisbee & (04) William Villa [290-1] (bbb) Modified on 11/10/2004 |
|
|
| 2004-11-12 |
295 |
0 |
Order |
ORDER to subpoena witness, pay witness fees and costs of transportation and sealing of all papers by Judge Helen Gillmor [294-1] by defendant (04) William Villa (SEALED) (bbb) |
|
|
| 2004-11-12 |
296 |
0 |
Order |
COURT ACTION: EO: DEFENDANT ROY FRISBEE'S MOTION TO COMPEL DISCOVERY filed November 1, 2004 On November 1, 2004, Defendants filed a Motion to Compel Discovery seeking production of various documents. The remaining request outstanding is for FBI agents' reports made after interviews with other alleged conspirators who may be called by the United States to testify ("302 reports"). On November 3, 2004, Defendant Frisbee filed a Memorandum in Support of Motion to Compel Discovery. Defendant Frisbee stated two bases upon which he believed that the 302 reports are discoverable: (1) that they are statements discoverable as Jencks material, and (2) if not, that they may contain impeachment material and thus are discoverable under Brady and Giglio. In response to the Motion the United States has repeatedly stated, including on November 9, 2004 in a hearing outside of the presence of the jury, that the 302 reports in question are not Jencks material nor do they contain Brady or Giglio material. Mr. Bracco also stated that to the extent that the reports do contain any possible impeachment evidence, it would be cumulative in light of what had already been provided to the defense. Fed. R. Crim. P. 16(a) Federal Rule of Criminal Procedure 16(a) governs the Government's disclosure obligations before a trial. It generally exempts government work product from disclosure to the defense. Fed. R. Crim. P. 16(a)(2) states that the Rule "does not authorize the discovery or inspection of reports, memoranda, or other internal government documents made by an attorney for the government or other government agent in connection with investigating or prosecuting the case." Fed. R. Crim. P. 16(a)(2). Defendants claim rule Rule 16(a) does not apply by alleging that the 302 reports fall within three statutory and/or constitutional exceptions to the Rule's general prohibition: (1) the Jencks Act, 18 U.S.C. 3500, (2) Brady v. Maryland, 373 U.S. 83 (1963); and (3) Giglio v. United States, 405 U.S. 150 (1972). (A) Jencks Defendants first seek the 302 debriefing reports by arguing that they constitute "statements" of the alleged co-conspirators and thus qualify as Jencks material. The Jencks Act, 18 U.S.C. 3500, requires the Government to produce any witness statements that "relate to the subject matter of the testimony of the witness." Id. at 3500(b). A report qualifies as a Jencks "statement" if it is (1) a written statement signed or otherwise adopted or approved by the witnesses; (2) a substantially verbatim recital of the witnesses' oral statements, or (3) a statement of transcriptions of witnesses made to a grand jury. 18 U.S.C. 3500, United States v. Rewald, 889 F.2d 836, 866 (9th Cir. 1989). The 302 reports are, of course, not grand jury transcripts. The witnesses' grand jury transcripts have been provided to the defense. The 302 Reports Are Not Discoverable as Jencks Material The Court has reviewed the 302 reports in camera, and concludes that they are not discoverable as Jencks material. They are FBI agents' written versions of the interviews. They are not statements of the cooperating witnesses, because the reports were not signed or otherwise adopted by the alleged co-conspirators, nor are they "substantially verbatim" recitals of witness statements. Fed. R. Crim. P. 16(a); see Rewald, 889 F.2d at 866. They are statements of the FBI Agent who wrote them. They do not relate to the subject matter of the testimony of any agent who has testified to date. (B) Brady and Giglio Defendants next ask that the Court conduct an in camera review of the 302 reports to determine if they contain any material discoverable under the rule of Brady v. Maryland, 373 U.S. 83 (1963) or Giglio v. United States, 405 U.S. 150 (1972). Brady obligates the government to provide the defense with exculpatory evidence that is "material to guilt or to punishment." Brady, 373 U.S. at 87; United States v. Michaels, 796 F.2d 1112, 1115 (9th Cir. 1986). Evidence is material if there is a "reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different." United States v. Bagley, 473 U.S. 667, 682 (1985). A "reasonable probability" is probability sufficient to undermine confidence in the outcome of the trial. Kyles v. Whitley, 514 U.S. 419, 434 (1995). Impeachment evidence that would tend to undermine the credibility of a government witness also falls within the Brady rule. Giglio, 405 U.S. at 154; Bagley, 473 U.S. at 676 (1985). "Evidence affecting the credibility of government witnesses is material under Brady, but the trial court need not release evidence that is merely cumulative' of information already available to the defense." United States v. Alvarez, 358 F.3d 1194, 1208 (9th Cir. 2004) (internal citations and quotations omitted). "It is the duty of the prosecutor, not the court, to disclose exculpatory material" under the mandate of Brady and Giglio. In re Storer Communications, Inc., 828 F.2d 330, 335 (6th Cir. 1987) (emphasis added). The United States has repeatedly stated that there are no Brady or Giglio statements in the FBI's 302 reports. When the defense requests specific material that it alleges is material to the issue of guilt, the government must "either [...] produce the evidence or submit it to the court for determination as to whether it must be produced." United States v. Lehman, 756 F.2d 725, 729 (9th Cir. 1985). The Ninth Circuit Court of Appeals has stated that "[i]n camera inspection and excision is a sound approach to a Brady inquiry." United States v. Jones, 612 F.2d 453, 456 (9th Cir. 1979). In reviewing evidence such as 302 reports, a trial judge can "weigh the Government's need for confidentiality against the defendant's need to use the material in order to obtain a fair trial." United States v. Dupuy, 760 F.2d 1492, 1501 (9th Cir. 1985). Considerations of judicial economy and the judicial role require that there be limits on this duty, however. A district court "generally does not know the government's theory of the prosecution nor what possible defense might be available to defendants." United States v. Holmes, 722 F.2d 37, 41 (4th Cir. 1983). The court should not be engaging in document review so extensive that the judge is essentially acting as "associate counsel" in a matter. See United States v. Herzog, 226 F.2d 561, 567 (9th Cir. 1955). The 302 Reports Do Not Contain Brady or Giglio Material In the instant case, the Government represented that the 302 reports in question contain no Brady or Giglio material, and any impeachment evidence would be cumulative in light of evidence already in the possession of the defense. The Court has reviewed the 302 reports in camera, for Brady and Giglio material, and has found no evidence that contradicts the Government's representation. When a defendant has made a specific request for evidence, as they have in the instant case, "the test for materiality is whether the requested evidence might affect the outcome of the trial." Michaels, 796 F.2d at 1116 (quoting United States v. Agurs, 427 U.S. 97, 104 (1976)). The Court concludes that the 302 forms at issue would not. Additionally, any statements attributable to the testifying co-defendants contained in the 302 reports are hearsay. The 302 reports are FBI agents' written recollections of what a particular witness said. Unlike the sworn prior testimony of the witnesses contained in their grand jury transcripts - which the Defendants have in their possession - any statements in the 302 reports were not made under oath. The 302 reports are merely the recorded recollections of the interviewing agents that have not been reviewed by the witnesses. (C) Conclusion Based on the above reasoning, the remaining request outstanding in DEFENDANTS' MOTION TO COMPEL DISCOVERY filed November 1, 2004 is DENIED. by Judge Helen Gillmor re [269-1] (bbb) Modified on 11/12/2004 |
|
|
| 2004-11-16 |
298 |
0 |
Order |
ORDER to subpoena witness, pay witness fees and costs of transportation and sealing of all papers by Judge Helen Gillmor [297-1] (SEALED) (bbb) |
|
|
| 2004-11-16 |
299 |
0 |
Response in Opposition |
Government's REPLY/OPPOSITION to defendant Roy Firsbee's proposed jury instructions [286-1]; certificate of service (bbb) |
|
|
| 2004-11-16 |
300 |
0 |
Response/Reply - Miscellaneous |
Government's REPLY to defendant Villa's suggested verdict form as to count 1; certificate of service (bbb) |
|
|
| 2004-11-18 |
301 |
0 |
Special Verdict Form |
Government's Revised PROPOSED SPECIAL VERDICT FORMS (gs) |
|
|
| 2004-11-19 |
304 |
0 |
CJA 24 - Authorization to Pay |
CJA FORM 24 (Authorization and Voucher for Transcript Payment) for Juvelynn Punzal Voucher # 041119000048 in the amount of $110.00 ( 11/03/2004) for Jack Frisbee by Judge Helen Gillmor (bbb) |
|
|
| 2004-11-29 |
311 |
0 |
Order |
ORDER to subpoena witness, pay witness fees and costs of transportation and sealing of all papers by Judge Helen Gillmor re: [310-1] by defendant William Villa (SEALED) (bbb) |
|
|
| 2004-12-02 |
318 |
0 |
Jury Instructions |
JURY Instructions by Judge Helen Gillmor as to defendants (02) Roy Frisbee and (04) William Villa (bbb) Modified on 12/06/2004 |
|
|
| 2004-12-03 |
319 |
0 |
Jury Instructions |
Government's proposed supplemental JURY Instructions as to criminal forfeiture; certificate of service as to defendants (02) Roy Frisbee and (04) William Villa (bbb) |
|
|
| 2004-12-03 |
320 |
0 |
Jury Instructions |
JURY Instructions by Judge Helen Gillmor as to defendants (02) Roy Frisbee and (04) William Villa (bbb) |
|
|
| 2004-12-02 |
322 |
0 |
Trial Brief |
Government's proposed sentencing fact instructions as to defendants (02) Roy Firsbee and (04) William Villa (bbb) |
|
|
| 2004-12-03 |
326 |
0 |
Jury Notes |
NOTE FROM the JURY (bbb) |
|
|
| 2004-12-06 |
330 |
0 |
Supplement |
Fifth SUPPLEMENTAL statement of jencks and other materials provided to defense counsel by plaintiff USA as to defendant (02) Roy Frisbee re: [302-1], [292-1], [290-1] (bbb) |
|
|
| 2004-12-09 |
331 |
0 |
Service - Miscellaneous |
plaintiff USA affidavit of Publication on Honolulu Star-Bulletin 3 times on 11/19/2004, 11/26/2004 and 12/03/2004 as to defendant Jack Frisbee (bbb) Modified on 12/10/2004 |
|
|
| 2004-12-15 |
332 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on The Sentencing to Counts 1 and 9 of the Second Superseding Indictment as to (03) Doug Farias, aka "Hollywood",/ Government's Motion for 5K.1.1 Downward Departure and Sentencing Recommendation is continued from January 6, 2005 to February 22, 2005 @ 1:30 p.m. before the Honorable Helen Gillmor. Louis A. Bracco, Esq. Michael Jay Green, Esq. [166-1] (bbb) |
|
|
| 2004-12-20 |
334 |
0 |
Minutes - Miscellaneous |
EO: MINUTE ORDER: by Judge Helen Gillmor as to defendants (02) Roy W. Frisbee and (04) William Villa (SEALED) (bbb) |
|
|
| 2004-12-20 |
335 |
0 |
Order |
MINUTE ORDER: On December 2, 2004, Defendant Villa filed a motion entitled "Motion to Bar a Second ("Sentencing") Trial After Return of Verdict on Double Jeopardy Grounds." The substance of the motion was argued by Ms. Byrne in open court at the time of trial, and the motion was denied on the record. That denial is hereby memorialized by this minute order. by Judge Helen Gillmor [317-1] (bbb) |
|
|
| 2004-12-20 |
336 |
0 |
Service - Miscellaneous |
PROOF OF SERVICE by plaintiff USA of Preliminary Order/Notice (bbb) |
|
|
| 2004-12-22 |
339 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on ; sentencing to count 1 of the Second Superseding Indictment as to defendant (05) Anthony Valentin is continued from 1/18/2005 to 1:30 7/14/05 for Anthony Valentin before Judge Helen Gillmor (gab) |
|
|
| 2004-12-22 |
340 |
0 |
Order |
Preliminary ORDER by Judge Helen Gillmor of Forfeiture as to deft. Roy Frisbee (02) (gab) |
|
|
| 2005-01-06 |
341 |
0 |
Service - Miscellaneous |
PROOF OF SERVICE by plaintiff USA of amended preliminary order/notice (bbb) |
|
|
| 2005-01-19 |
345 |
0 |
Response/Reply - Miscellaneous |
Government's REPLY to defendant Anthony Valentin's motion to amend conditions of presentence release [343-1]; certificate of service (bbb) |
|
|
| 2005-01-20 |
346 |
0 |
Order |
Final ORDER of Forfeiture as to defendants (06) Ferdinand Pasion, and (07) Samuel Pasion by Judge Helen Gillmor re [199-2] (sm) |
|
|
| 2005-01-31 |
353 |
0 |
Appeal - Miscellaneous |
ORDER FOR TIME SCHEDULE RT to be ordered by 02/21/05 ;RT to be filed by 03/23/05 ;Aplnt's brief to be filed by 05/02/05 ;Aple's brief to be filed by 06/01/05 ;Aplnt's opt reply brief to be filed by 06/15/05 (cc: Clerk, 9CCA, all counsel, Court Reporters) Notice of Appeal sent to Clerk, 9CCA and to all counsel as to defendant (07) SAMUEL PASION (bbb) |
|
|
| 2005-02-04 |
356 |
0 |
Order |
Amended preliminary ORDER of forfeiture by Judge Helen Gillmor re [340-2] (bbb) |
|
|
| 2005-02-11 |
360 |
0 |
Appeal - Miscellaneous |
ORDER FOR TIME SCHEDULE RT to be ordered by 3/4/05 ;RT to be filed by 4/4/05 ;Aplnt's brief to be filed by 5/16/05 ; Aple's brief to be filed by 6/15/05 ;Aplnt's opt reply brief to be filed by 6/29/05 (cc: Clerk, 9CCA, all counsel, Court Reporters) Notice of Appeal sent to Clerk, 9CCA and to all counsel (sealed) |
|
|
| 2005-02-14 |
361 |
0 |
USCA Notice of Docketing Record on Appeal |
APPEAL number 05-10075 received from 9CCA regarding [352-1] as to defendant (07) Samuel Pasion aka "Sam Pasion" (bbb) |
|
|
| 2005-02-17 |
367 |
0 |
Response - Miscellaneous |
Government's supplemental MEMORANDUM RE: motion (filed May 20, 2004) for 5K.1 downward departure and sentencing recommenation [166-1]; certificate of service (bbb) |
|
|
| 2005-02-18 |
368 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing onsetting hearing on The Sentencing to Counts 1 and 9 of the Second Superseding Indictment as to (03) DOUG FARIAS, aka "Hollywood"/Government's Motion for 5K.1.1. Downward Departure is continued from February 22, 2005 to February 28, 2005 @ 10:00 a.m. before the Honorable Helen Gillmor. Louis A. Bracco, Esq. Michael Jay Green, Esq. [166-1] ; sentencing hearing set for 10:00 2/28/05 for Doug Farias (bbb) |
|
|
| 2005-02-21 |
369 |
0 |
Designation of Record on Appeal |
APPEAL Transcript Designation and Order form ESR for the dates of 05/11/2004 and Stephen Platt for the dates of 01/20/2005 regarding defendant (07) Samuel Pasion [352-1] (bbb) |
|
|
| 2005-02-24 |
371 |
0 |
Designation of Record on Appeal |
APPEAL Transcript Designation and Order form Stephen Platt for the dates of 1/20/05; ESR 5/27/04 as to Ferdinand Pasion (eps) |
|
|
| 2005-02-25 |
372 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on: RE: CR NO. 03-00200HG USA vs. (04) WILLIAM VILLA Order to Show Cause as to Why Pretrial Release Should Not Be Revoked set for 2:30 3/4/05, KSC AUSA, Louis A. Bracco AFPD, Pamela J. Byrne [370-1] (eps) |
|
|
| 2005-02-28 |
374 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on The Sentencing to Count 1 of the Second Superseding Indictment as to (04) WILLIAM VILLA is continued from March 10, 2005 to March 16, 2005 @ 10:30 a.m. before the Honorable Helen Gillmor. Louis A. Bracco, Esq. Pamela J. Byrne, Esq. for William Villa (bbb) |
|
|
| 2005-02-28 |
376 |
0 |
Order |
FINAL ORDER of forfeiture; exhibit a - as to Doug Farias - by Judge Helen Gillmor (cc: all counsel) - also captioned as to Celeste Farias, petitioner (eps) |
|
|
| 2005-03-07 |
380 |
0 |
USCA Notice of Docketing Record on Appeal |
APPEAL number 05-10120 received from 9CCA regarding [359-1], [357-1] as to defendant (06) Ferdinand Pasion (bbb) |
|
|
| 2005-03-15 |
389 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on The Sentencing to Count 1 of the Second Superseding Indictment as to (04) WILLIAM VILLA is continued from March 16, 2005 to March 30, 2005 @ 2:00 p.m. before the Honorable Helen Gillmor. Louis A. Bracco, Esq. Pamela J. Byrne, Esq. (bbb) |
|
|
| 2005-03-16 |
390 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on The Sentencing to Count 1 of the Second Superseding Indictment as to (04) WILLIAM VILLA is further continued from March 30, 2005 to MARCH 29, 2005 @ 2:00 P.M. before the Honorable Helen Gillmor. Louis A. Bracco, Esq. Pamela J. Byrne, Esq. (bbb) |
|
|
| 2005-03-23 |
391 |
0 |
Claim |
Petition of Valdean L. Lani re: CLAIM of interest in vehicles - 1998 BMW Series 5 Sedan, VIN #WBADD5326VBV50568 & 1990 Ford Mustange, VIn #1FACP42E5LF137127 as to Defendant Roy Frisbee (bbb) |
|
|
| 2005-03-28 |
392 |
0 |
Order |
ORDER appointing counsel by Mag Judge Barry M. Kurren: Georgia K. McMillen for Defendant (07) Samuel Pasion (cc: all counsel) (bbb) |
|
|
| 2005-03-31 |
396 |
0 |
Service - Miscellaneous |
PROOF OF SERVICE by plaintiff USA of Amended Preliminary Order/Notice as to Defendant (01) Roy Frisbee (bbb) |
|
|
| 2005-04-01 |
399 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on CR. 03-00200HG U.S.A. vs. (08) MANUEL CABRAL The Sentencing to Counts 1 and 8 of the Second Superseding Indictment as to (08) MANUEL CABAL is continued from April 7, 2005 to November 3, 2005 @ 1:30 p.m. before the Honorable Helen Gillmor. Louis A. Bracco, Esq. David F. Klein, Esq. (eps) |
|
|
| 2005-04-04 |
400 |
0 |
Designation of Record on Appeal |
APPEAL Transcript Designation and Order form ESR 6/20/03, 6/24/03, 6/30/03, 9/25/03; Debra Chun for the dates of 1/27/04 regarding Samuel Pasion (07) [352-1] (eps) |
|
|
| 2005-04-01 |
402 |
0 |
Miscellaneous Document |
FINDINGS and RECOMMENDATIONS on CJA Compensation Claim for attorney Pamela E. Tamashiro in the amount of $3,437.26 as to defendant (06) Ferdinand Pasion by Mag Judge Kevin S. Chang (bbb) |
|
|
| 2005-04-08 |
403 |
0 |
Claim |
PETITION for hearing to adjudicate the validity of Kathleen E. Frisbee's interest in the property that is subject to the order of forfeiture; certificate of service as to Defendant (01) Jack Frisbee (cc: HG) (bbb) |
|
|
| 2005-04-14 |
407 |
0 |
Appeal - Miscellaneous |
ORDER FOR TIME SCHEDULE RT to be ordered by 05/05/05 ;RT to be filed by 06/04/05 ;Aplnt's brief to be filed by 07/14/05 ;Aple's brief to be filed by 08/13/05 ;Aplnt's opt reply brief to be filed by 08/27/05 (cc: Clerk, 9CCA, all counsel, Court Reporters) Notice of Appeal sent to Clerk, 9CCA and to all counsel as to defendant (04) WILLIAM VILLA (bbb) |
|
|
| 2005-04-25 |
408 |
0 |
USCA Notice of Docketing Record on Appeal |
APPEAL number 05-10270 received from 9CCA regarding [401-1] as to Defendant (04) William Villa (bbb) |
|
|
| 2005-04-26 |
409 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on The Sentencing to Counts 1 and 9 of the Second Superseding Indictment as to Defendant (01) JACK FRISBEE is continued from May 5, 2005 to October 6, 2005 @ 1:30 p.m. before the Honorable Helen Gillmor. Louis A. Bracco, Esq. William A. Harrison, Esq. (bbb) |
|
|
| 2005-05-05 |
410 |
0 |
Designation of Record on Appeal |
APPEAL Transcript Designation and Order form Stephen B. Platt for the dates of 10/14/04; 10/22/04; 11/01/04; 11/02/04; 11/03/04; 11/04/04; 11/05/04; 11/09/04; 11/10/04; 11/23/04; 11/24/04; 11/30/04; 12/01/04; 12/02/04 and 12/03/04 and from Debra K. Chun for the dates of 03/29/05 regarding William Villa's appeal [401-1] CA #05-10270 (bbb) |
|
|
| 2005-05-06 |
411 |
0 |
Appeal Record Sent to USCA |
APPEAL Certificate of Record Transmitted to 9CCA regarding deft. Samuel Pasion CA 05-10075 [352-1] (cc: all counsel) (gab) |
|
|
| 2005-05-19 |
412 |
0 |
Certificate of Service |
CERTIFICATE of service by plaintiff USA (bbb) |
|
|
| 2005-05-31 |
414 |
0 |
Response/Reply - Miscellaneous |
Defendant Jack Frisbee's OBJECTIONS to proposed presentence investigation report; certificate of service (SEALED) (bbb) |
|
|
| 2005-06-22 |
418 |
0 |
Response/Reply - Miscellaneous |
Government's REPLY to Defendant Roy Frisbee's inquiry re: substantial assistance [417-1]; exhibit a; certificate of service (SEALED) (bbb) |
|
|
| 2005-07-08 |
425 |
0 |
Appeal - Miscellaneous |
ORDER FOR TIME SCHEDULE RT to be ordered by 07/29/05 ;RT to be filed by 08/28/05 ;Aplnt's brief to be filed by 10/07/05 ;Aple's brief to be filed by 11/06/05 ;Aplnt's opt reply brief to be filed by 11/20/05 (cc: Clerk, 9CCA, all counsel, Court Reporters) Notice of Appeal sent to Clerk, 9CCA and to all counsel as to defendant (02) Roy W. Frisbee (bbb) |
|
|
| 2005-07-25 |
436 |
0 |
Designation of Record on Appeal |
APPEAL Transcript Designation and Order form ESR for the dates of 05/05/03; 06/20/03 & 07/23/03: Debra K. Chun for the dates of 10/06/04: Stephen B. Platt for the dates of 11/03/04; 11/04/04; 11/05/04; 11/09/04; 11/10/04; 11/23/04; 11/24/04; 11/29/04; 11/30/04; 12/01/04; 12/02/04; 12/03/04; 06/23/05 as to Defendant (02) Roy W. Frisbee [CA #05-10483] [423-1] (bbb) |
|
|
| 2005-08-05 |
438 |
0 |
Appeal Record Sent to USCA |
APPEAL Certificate of Record Transmitted to 9CCA regarding [401-1] as to Defendant William Villa [CA 05-10270] (cc: all counsel) (bbb) |
|
|
| 2005-08-12 |
439 |
0 |
Service by Publication |
PROOF of publication in The Recorder in San Francisco CA on 12/3/04; 12/10/04 and 12/17/04 as to Defendant Jack Frisbee (bbb) |
|
|
| 2005-08-16 |
440 |
0 |
USCA Notice of Docketing Record on Appeal |
APPEAL number 05-10483 received from 9CCA regarding [423-1] as to Defendant Roy Frisbee (bbb) |
|
|
| 2005-08-30 |
443 |
0 |
Appeal Record Sent to USCA |
APPEAL Certificate of Record Transmitted to 9CCA regarding as to defendant (02) Roy W. Frisbee [423-1] [CA #05-10483] (cc: all counsel) (bbb) |
|
|
| 2005-09-16 |
444 |
0 |
Miscellaneous Document |
FINDINGS and RECOMMENDATIONS on CJA Compensation Claim ; $7,834.10 recommended for Atty Arnold Phillips as to Deft Samuel Pasion by Mag Judge Leslie E. Kobayashi (gs) |
|
|
| 2005-09-19 |
445 |
0 |
Stipulation and Order |
STIPULATED Expedited Settlement Agreement and order by Judge Helen Gillmor [403-1] between the United States of American and Petitioner Kathleen E. Frisbee (gab) |
|
|
| 2005-09-21 |
446 |
0 |
Notice of Hearing |
NOTICE - The sentencing to Counts 1 & 9 (forfeiture count) of the Second Superseding Indictment as to (01) Jack Frisbee is continued from October 6, 2005 to January 26, 2006 @ 2:15 p.m. before the Honorable Helen Gillmor; THIS IS THE FINAL CONTINUANCE IN THIS CASE hearing set for 2:15 1/26/06 for Jack Frisbee before Judge (gs) |
|
|
| 2005-12-01 |
453 |
0 |
Sentencing Memorandum |
Defendant Jack Frisbee's SENTENCING Statement; Certificate of Service [SEALED] (gs) |
|
|
| 2005-12-29 |
455 |
0 |
Notice of Hearing |
NOTICE - The Sentencing to Counts 1 and 9 (forfeiture count) of the Second Superseding Indictment and as to Jack Frisbee is continued from January 26, 2006 to January 30, 2006 @ 2:00 p.m. before the Honorable Helen Gillmor (gls, ) |
|
|
| 2006-01-11 |
456 |
0 |
Motion for Downward Departure |
MOTION for Downward Departure and sentencing recommendation [SEALED] by USA as to Jack Frisbee. (gls, ) |
|
|
| 2006-01-26 |
457 |
0 |
Notice of Hearing on Motion |
NOTICE OF HEARING ON MOTION in case as to Jack Frisbee [456] MOTION for Downward Departure: Motion Hearing set for 1/30/2006 02:00 PM before JUDGE HELEN GILLMOR. (dhh, ) |
|
|
| 2006-01-27 |
458 |
0 |
Sentencing Memorandum |
Supplemental MEMORANDUM In Support of the Government's Motion for 5K1.1 Downward Departure and Sentencing Recommendation; Certificate of Service [SEALED] by Jack Frisbee (gls, ) |
|
|
| 2006-01-30 |
460 |
0 |
Judgment of Forfeiture |
FINAL ORDER OF FORFEITURE as to Jack Frisbee . Signed by Judge HELEN GILLMOR on 1/30/06. (gls, ) |
2010-02-14 14:02:55 |
82eb3be870875c97979b2c3ec3b9be1f5fb13e45 |
| 2006-01-30 |
462 |
0 |
Sentencing |
EP :Sentencing held on 1/30/2006 for Jack Frisbee (1), Count(s) 1s, Imprisonment: 180 months; Supervised Release: 5 years; SA: $100.00; Count(s) 9s, Imprisonment: 180 months; Supervised Release: 5 years; SA: $100.00. (Court Reporter Stephen Platt.) (JUDGE HELEN GILLMOR )(gls, ) |
2010-02-14 14:02:26 |
3f2acd7435e181f71939a5496dd902fc5e3023a7 |
| 2006-02-06 |
469 |
0 |
Judgment |
JUDGMENT In A Criminal Case as to Jack Frisbee (1), Count(s) 1s, 9s, Imprisonment: 180 months; Supervised Release: 5 years; SA: $100.00 . Signed by Judge HELEN GILLMOR on 2/2/06. (gls, ) |
2010-02-14 14:02:47 |
3784597d1e6abd1e69524c35513e23f077ff1cfa |
| 2006-03-07 |
477 |
0 |
Certificate of Service |
Process Receipt and Return of Service by USM re [460] Judgment of Forfeiture (gab, ) |
2010-02-14 14:02:24 |
bc8057a80a0878d494259c668a8b87d29236814b |
| 2006-12-18 |
496 |
0 |
Motion to Reduce Sentence |
GOVERNMENT'S (Protective) RULE 35 MOTION; Exhibit A; Certificate of Service as to Jack Frisbee. [SEALED] (cc: HG) (bbb, ) Additional attachment(s) added on 12/19/2006 (bbb, ). |
|
|
| 2007-09-25 |
502 |
0 |
Supplement |
Government's SUPPLEMENTAL RULE 35 STATEMENT as to Jack Frisbee;# (1) Exhibit A;# (2) Certificate of Service. (cc: HG) [SEALED] (bbb, ) |
|
|
| 2007-11-13 |
506 |
0 |
Memorandum in Support |
Defendant Jack Frisbee's MEMORANDUM IN SUPPORT of the Government's [496] Supplemental Rule 35 Statement; Certificate of Service. (cc: HG) [SEALED] (bbb, ) |
|
|
| 2007-12-14 |
511 |
0 |
Order on Motion to Reduce Sentence |
ORDER GRANTING GOVERNMENT'S [496] MOTION FOR REDUCTION OF SENTENCE FOR SUBSTANTIAL ASSISTANCE as to Jack Frisbee (1). Signed by Chief Judge HELEN GILLMOR on December 14, 2007. (bbb, ) |
2010-02-14 14:02:36 |
2fe17d2875d5179934fbbc0c1aa5815e0c2c9c8e |