Case details

Court: hid
Docket #: 1:03-cr-00485
Case Name: USA v. Pita
PACER case #: 13709
Date filed: 2003-10-01
Date terminated: 2005-07-26
Date of last filing: 2006-03-02

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2003-09-24 1 0 Complaint COMPLAINT by Gerald Lawson, SA DEA against Sui Pita, Leon L. Cabael signed by Mag Judge Barry M. Kurren [ 1:03-m -743 ] (fe)
2003-09-24 2 0 Motion for Miscellaneous Relief Notice of Motion and MOTION to detain by USA as to Sui Pita Motion hearing set for [ 1:03-m -743 ] (fe)
2003-09-24 4 0 Minutes - Miscellaneous EP: MINUTES:Initial Appearance - defts present in custody. Defts sworn to Financial Affidaivt. Oral M/Court Appt Atty GRANTED. Pafundi's request that Pita's Financial Affidavit be filed under seal denied. Detention Hearing set for 09/29/2003 at 10:30:00 AM, BMK Preliminary Hearing set for 10/07/2003 at 11:00:00 AM, LEK Defts remanded to custody of marshal. INITIAL APPEARANCE of Sui Pita, Leon L. Cabael ; , ; detention hearing set for 10:30 9/29/03 for Sui Pita, for Leon L. Cabael ; preliminary exam set for 11:00 10/7/03 for Sui Pita, for Leon L. Cabael before Mag Judge Barry M. Kurren , ; Sui Pita, Leon L. Cabael Attorney Beverly Sameshima, Pamela E. Tamashiro, Richard T. Pafundi present ( Ct Rptr: C6) by Judge Barry Kurren [ 1:03-m -743 ] (fe)
2003-09-24 5 0 Financial Affidavit - CJA23 FINANCIAL Affidavit as to Sui Pita [ 1:03-m -743 ] (fe)
2003-09-24 7 0 CJA 20 - Appointment CJA Form 20 Copy 4 (Appointment of Counsel) Voucher # as to defendant Sui Pita Attorney Richard Pafundi appointed [ 1:03-m -743 ] (fe)
2003-09-26 8 0 Order of Detention ORDER of Temporary Detention Pending Hearing Pursuant to Bail Reform Act as to Sui Pita by Mag Judge Barry M. Kurren [ 1:03-m -743 ] (fe)
2003-09-26 11 0 Notice of Hearing NOTICE of setting hearing on detention hearing set for 3:00 9/29/03 for Sui Pita and Leon L. Cabael before Judge Barry M. Kurren [ 1:03-m -743 ] (fe)
2003-09-29 12 0 Minutes - Miscellaneous EP: MINUTES: Detention Hearing as to (01) Sui Pita and (02) Leon Cabael - defts present in custody. Bail as to (01) Pita set at: $25,000.00 unsecured bond. Third-Party Custodian and Co-Signer: Ofelia Pita. (7b) Comply with pretrial services supervision, and abide by all conditions of release as directed by Pretrial Services. (7c) Maintain or actively seek employment, as directed by Pretrial Services. (7g2) Do not apply for/obtain a passport. (7h3) Travel is restricted to: the Island of Oahu.. (7j) Maintain residence with/at: Ofelia Pita, 55-644 Naniloa Lp., Laie, HI 96762.. (7m1) Contact is prohibited directly, indirectly, or through third parties with: co-defendants, co-conspirators, or witnesses in this and any related case. The U.S. Attorney's Office will provide Pretrial Services with initial and updated lists of names of persons with whom contact is prohibited. (7o) Comply with the following curfew: 7:00 p.m. to 6:00 a.m., or as directed by Pretrial Services.. (7p1) 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 HOME INCARCERATION restriction (7s1) You are prohibited from owning, possessing, or controlling any firearm or ammunition. Immediately surrender all firearms and ammunition 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. (7v1) Submit to drug detection testing as approved 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. In addition to the Special Conditions of Release as specified above, you are subject to the following conditions: You shall not commit any offense in violation of federal, state, or local law while on release in this case. You shall appear at all proceedings as required and shall surrender for service of any sentence imposed as directed. Bail as to (02) Cabael set at: $25,000.00 unsecured bond. Third-Party Custodian and Co-Signer: Margaret Vanaman. (7b) Comply with pretrial services supervision, and abide by all conditions of release as directed by Pretrial Services. (7c) Maintain or actively seek employment, as directed by Pretrial Services. (7g2) Do not apply for/obtain a passport. (7h3) Travel is restricted to: the Island of Oahu.. (7j) Maintain residence with/at: Margaret Vanaman (mother) at 56-473 Pahelehale Lp., Kahuku, HI 96731.. (7m1) Contact is prohibited directly, indirectly, or through third parties with: co-defendants, co-conspirators, or witnesses in this and any related case. The U.S. Attorney's Office will provide Pretrial Services with initial and updated lists of names of persons with whom contact is prohibited. (7o) Comply with the following curfew: 7:00 p.m. to 6:00 a.m., or as directed by Pretrial Services.. (7p1) 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 HOME INCARCERATION restriction (7s1) You are prohibited from owning, possessing, or controlling any firearm or ammunition. Immediately surrender all firearms and ammunition 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. (7v1) Submit to drug detection testing as approved 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. In addition to the Special Conditions of Release as specified above, you are subject to the following conditions: You shall not commit any offense in violation of federal, state, or local law while on release in this case. You shall appear at all proceedings as required and shall surrender for service of any sentence imposed as directed. ; Sui Pita, Leon L. Cabael Attorney Beverly Sameshima, Pamela E. Tamashiro, Richard T. Pafundi present ( Ct Rptr: C6, tape 1467) by Judge Barry M. Kurren [ 1:03-m -743 ] (sm)
2003-10-01 13 0 Indictment EP: INDICTMENT by USA Counts filed against Sui Pita (1) count(s) 1, 2, Leon L. Cabael (2) count(s) 2; Summons ordered (Marjann Shawler) by Mag Judge Chang (sealed) Additional attachment(s) added on 3/23/2006 (bbb, ). 2010-02-14 15:41:10 ed4e72ebdbc5871e2add6106a13c605995be2efb
2003-10-01 15 0 Summons Issued PS issued as to Sui Pita ; arraignment set for 11:00 10/7/03 for Sui Pita before Mag Judge Leslie E. Kobayashi (gs)
2003-10-02 16 0 Detention - Miscellaneous APPEARANCE BOND ($25,000.00 Unsecured) posted by Sui Pita signed by Judge Barry M. Kurren (afc)
2003-10-02 17 0 ORDER Setting Conditions of Release for Sui Pita ($25,000.00 unsecured posted) by Mag Judge Barry M. Kurren (afc)
2003-10-07 20 0 Minutes - Miscellaneous EP: MINUTES: A & P as to the Indictment - Defts Sui Pita and Leon Cabael present, not in custody; Charges received. Defendants waive public reading of the Indictment. Pleas of Not Guilty entered; Jury Selection/Trial set for 9:00 12/2/03, DAE Final Pretrial Conference set for 10:00 11/3/03, KSC Defendant's Motions due 10/20/03 Government's Response due 11/3/03 Defendants' current conditions of release to continue. ; Sui Pita, Leon L. Cabael, USA Attorney Beverly W. Sameshima, Richard T. Pafundi, Pamela E. Tamashiro present (Ct Rptr: C5; 1178) by Judge Kobayashi (gs)
2003-10-08 21 0 Summons Returned Executed PS returned executed on 10/7/03 as to Sui Pita (gs)
2003-10-16 23 0 Minutes - Miscellaneous EO: MINUTES: Correction to minutes submitted 9-29-03. Detention Hearing as to (01) Sui Pita and (02) Leon Cabael - defts present in custody. Bail as to (01) Pita set at: $25,000.00 unsecured bond. Third-Party Custodian and Co-Signer: Ofelia Pita. (7b) Comply with pretrial services supervision, and abide by all conditions of release as directed by Pretrial Services. (7c) Maintain or actively seek employment, as directed by Pretrial Services. (7g2) Do not apply for/obtain a passport. (7h3) Travel is restricted to: the Island of Oahu.. (7j) Maintain residence with/at: Ofelia Pita, 55-644 Naniloa Lp., Laie, HI 96762.. (7m1) Contact is prohibited directly, indirectly, or through third parties with: co-defendants, co-conspirators, or witnesses in this and any related case. The U.S. Attorney's Office will provide Pretrial Services with initial and updated lists of names of persons with whom contact is prohibited. (7p2) 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 HOME DETENTION restriction (7s1) You are prohibited from owning, possessing, or controlling any firearm or ammunition. Immediately surrender all firearms and ammunition 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. (7v1) Submit to drug detection testing as approved 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. In addition to the Special Conditions of Release as specified above, you are subject to the following conditions: You shall not commit any offense in violation of federal, state, or local law while on release in this case. You shall appear at all proceedings as required and shall surrender for service of any sentence imposed as directed. Bail as to (02) Cabael set at: $25,000.00 unsecured bond. Third-Party Custodian and Co-Signer: Margaret Vanaman. (7b) Comply with pretrial services supervision, and abide by all conditions of release as directed by Pretrial Services. (7c) Maintain or actively seek employment, as directed by Pretrial Services. (7g2) Do not apply for/obtain a passport. (7h3) Travel is restricted to: the Island of Oahu.. (7j) Maintain residence with/at: Margaret Vanaman (mother) at 56-473 Pahelehale Lp., Kahuku, HI 96731.. (7m1) Contact is prohibited directly, indirectly, or through third parties with: co-defendants, co-conspirators, or witnesses in this and any related case. The U.S. Attorney's Office will provide Pretrial Services with initial and updated lists of names of persons with whom contact is prohibited. (7o) Comply with the following curfew: 7:00 p.m. to 6:00 a.m., or as directed by Pretrial Services.. (7p1) 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 HOME INCARCERATION restriction (7s1) You are prohibited from owning, possessing, or controlling any firearm or ammunition. Immediately surrender all firearms and ammunition 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. (7v1) Submit to drug detection testing as approved 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. In addition to the Special Conditions of Release as specified above, you are subject to the following conditions: You shall not commit any offense in violation of federal, state, or local law while on release in this case. You shall appear at all proceedings as required and shall surrender for service of any sentence imposed as directed. re [12-4] by Judge Barry M. Kurren (gab)
2003-10-29 24 0 Notice of Hearing NOTICE - Motion for withdrawal of Not guilty plea and to plead anew as to deft Leon Cabael is set for 11/5/03 at 2:30 p.m. before Judge Chang; The following dates have been vacated as to deft Leon Cabael: Final Pretrial Conference: 11/3/03 at 10:00 a.m. before Judge Chang; Jury Trial: 12/2/03 at 9:00 a.m. before Judge Ezra (gs)
2003-11-03 25 0 Minutes - Miscellaneous EO: MINUTES: Final Pretrial Conference; Final Pretrial Conference not held; Motion for withdrawal of Not guilty plea and to plead anew as to deft Sui Pita is set for 11/12/03 at 2:30 p.m. before Judge Chang by Judge Chang (gs)
2003-11-03 26 0 Notice of Hearing NOTICE - Motion for withdrawal of not guilty plea and to Plead Anew as to Deft Sui Pita is set for 11/12/03 at 2:30 p.m. before Judge Chang; Jury Trial date of 12/2/03 is hereby vacated (gs)
2003-11-12 31 0 Minutes - Miscellaneous EP: MINUTES: Motion for withdrawal of Not guilty and to plead anew as to Sui Pita; Deft present, not in custody; , Defendant sworn, questioned by the Court. Consent to Rule 11 Plea In a Felony Case Before United States Magistrate signatures verified and filed. Memorandum of Plea Agreement signatures verified and filed. Court informs Defendant of sentencing guidelines, possible departure from sentencing guidelines, supervised release, etc. Plea of Guilty as to Count 2 of the Indictment entered by the Defendant. The government agrees to dismiss count 1 of the Indictment after sentencing. R&R signed, with 10 days to object. Pre-Sentence report ordered from USPO; SENTENCING as to Count 2 of the Indictment set for 8/16/04 at 2:15 p.m. before Judge Ezra. Defendant's current conditions of release to continue ; Sui Pita, USA Attorney Beverly W. Sameshima, Richard T. Pafundi present Ct Rptr: C5; 1197/1198) by Judge Chang (gs)
2003-11-12 32 0 Miscellaneous Document CONSENT to Rule 11 plea in a felony case before a United States Magistrate Judge as to Sui Pita (gs)
2003-11-12 33 0 Plea Agreement MEMORANDUM of Plea Agreement as to Sui Pita (gs)
2003-11-12 34 0 Miscellaneous Document Report and Recommendation concerning Plea of Guilty as to Sui Pita (gs)
2003-11-26 35 0 Order Acceptance of Plea of Guilty, Adjudication of Guilt and Notice of Sentencing by Judge David A. Ezra [29-1] as to Leon Cabael (gs)
2003-12-19 36 0 Order Acceptance of Plea of Guilty, Adjudication of Guilt and Notice of Sentencing by Judge David A. Ezra [34-1] as to Deft Sui Pita (gs)
2004-02-02 37 0 Miscellaneous Document PETITION for Action on Conditions of Pretrial Release for Sui Pita by Mag Judge Kevin S. Chang (gs)
2004-02-13 38 0 Stipulation and Order STIPULATION to Amend Conditions of Pretrial Release by Mag Judge Leslie E. Kobayashi as to deft Leon Cabael (gs)
2004-05-03 39 0 Notice of Hearing NOTICE - Sentencing date has been continued from 7/26/04 to 9/29/04 @ 1:30 p.m. DAE for Leon L. Cabael (gs)
2004-05-04 40 0 Stipulation and Order STIPULATION to Continue Sentencing by Judge David A. Ezra ; sentencing hearing set for 1:30 9/29/04 for Leon L. Cabael (gs)
2004-06-01 41 0 Stipulation and Order STIPULATION to Amend Conditions of Pretrial Release and order by Mag Judge Barry M. Kurren as to Leon Cabael (sealed)
2004-07-07 42 0 Sentencing Memorandum Government's SENTENCING Statement; Certificate of Service as to Sui Pita [SEALED] (gs)
2004-07-30 43 0 Motion for Miscellaneous Relief Government's MOTION for downward departure by USA and Sentencing Recommendation as to Defendant Sui Pita ; Certificate of Service Motion hearing set for 8/16/04 @ 2:15 p.m., DAE [SEALED] (gs)
2004-08-06 44 0 Notice of Hearing NOTICE - Sentence set for August 16, 2004 is hereby continued to September 30, 2004 @ 2:15 p.m. before Judge Ezra for Sui Pita (gs)
2004-08-11 45 0 Miscellaneous Document PETITION for Action on Conditions of Pretrial Release for Sui Pita by Judge David A. Ezra (gs)
2004-08-24 47 0 Motion for Miscellaneous Relief Government's Amended Motion for downward departure and Sentencing Recommendation as to defendant Sui Pita ; Certificate of Service [SEALED] (gs)
2004-09-29 50 0 Minutes - Miscellaneous EO: MINUTES: Sentencing to Count II of the Indictment and Government's Motion for Downward Departure and Sentencing Recommendation continued to Friday, October 1, 2004 at 2:00 p.m. [49-1] ; sentencing hearing set for 2:00 10/1/04 for Leon L. Cabael by Judge Ezra (gs)
2004-09-30 51 0 Minutes - Miscellaneous EP: MINUTES: Sentencing to Count 2 of the Indictment; Government's Motion for Downward Departure; Deft not present; Mr. Pafundi informed the court that the reason his client is not here today, Mr. Pita marked his calendar for sentencing for tomorrow; Sentencing continued to Monday, July 18, 2005 @ 3:00 p.m. ; Sui Pita, USA Attorney Beverly W. Sameshima, Richard T. Pafundi, USPO Ellie Asasaki present (Ct Rptr: Cynthia Fazio) by Judge Ezra (gs)
2004-11-05 56 0 Miscellaneous Document FINDINGS and RECOMMENDATIONS on CJA Compensation Claim ; $2,294.18 recommended for Atty Pamela Tamashiro as to Deft Leon Cabael by Mag Judge Kevin S. Chang (gs)
2004-11-08 57 0 Stipulation and Order STIPULATION Re: Early Travel in Connection with Self-Surrender by Mag Judge Barry M. Kurren as to Deft Leon Cabael (gs)
2004-07-12 59 0 Notice of Hearing NOTICE - Sentencing date has been continued from 7/18/05 to 7/26/05 @ 9:00 a.m. DAE for Sui Pita (gs)
2005-07-22 60 0 Notice of Hearing NOTICE - Sentencing date is set for 7/26/05 @ 9:00 a.m. before Judge Takasugi for Sui Pita (gs)
2005-07-25 61 0 Notice of Hearing NOTICE - Sentencing set for Tuesday, July 26, 2005 @ 9:00 a.m. before Judge Takasugi will now be set for 10:00 a.m. on the same day for Sui Pita (gs)
2005-07-26 62 0 Minutes - Miscellaneous EP: MINUTES: [47-1], [43-1] Sentencing to Count 2 of the Indictment as to Deft Sui Pita - Deft present not in custody; Government's Motion for Downward Departure - is hereby Granted; Court accepts the Plea Agreement; The Court adopts the presentence report and guideline applications without change; Deft addresses the court; Sentence as to Count 2 of the Indictment- Imprisonment-63 Months Mittimus Forthwith. Court Recommendations-1. Prison Facilities-1. Sheridan, Oregon 2. Lompoc, California 2. Drug Program Supervised Release-5 Years Special Conditions of Supervised Release- 1.That the defendant shall abide by the standard conditions of supervision. 2.That the defendant not commit any crimes, federal, state, or local (mandatory condition). 3.That the defendant not possess illegal controlled substances (mandatory condition) 4.That the defendant shall cooperate in the collection of DNA as directed by the probation officer. 5.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 commencement of supervision and at least two drug tests thereafter, as directed by the Probation Office (mandatory condition). 6.That the defendant execute all financial disclosure forms requested by the Probation Office and provide access to any requested financial information. 7.That the defendant participate in a substance abuse program, which may include drug and alcohol testing, at the discretion and direction the Probation Office. The defendant is to refrain from the possession and/or use of alcohol while participating in substance abuse treatment. 8.That the defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. 9.That the defendant shall submit his 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. No Fine. Special Assessment-$100.00 Defendant advised of his right appeal Government's Oral Motion to Dismiss Count 1 of the Indictment - is hereby GRANTED ; case terminated ; Sui Pita , USA Attorney Beverly W. Sameshima, Richard T. Pafundi present (Ct Rptr: Cynthia Fazio) by Judge Takasugi (gs)
2005-08-22 63 0 Judgment JUDGMENT in a Criminal Case as to Sui Pita by Judge Robert M. Takasugi (cc: USA, Richard Pafundi, USMS, USPO, PTS, OF ) (gs) Additional attachment(s) added on 8/9/2006 (tbf, ). Additional attachment(s) added on 8/9/2006 (tbf, ). 2010-02-14 15:41:04 4c6cbe220318734e547fff1e25a145da7526dc21
63 1 *Restricted* 2010-02-14 15:41:08 4941890b0122b6fa6797fefb16013f9f2dbd4e95
2005-08-23 64 0 Judgment JUDGMENT in a Criminal Case as to Sui Pita by Judge Robert M. Takasugi (cc: USA, Richard Pafundi, USMS, USPO, PTS, OF ) (gs)
2005-08-24 65 0 Presentence Investigation Report PRESENTENCE Report on Sui Pita (original sealed and held in probation office). (bbb)
2005-08-24 66 0 Sentencing Memorandum SENTENCING RECOMMENDATION as to Sui Pita (original sealed and held in probation office) (bbb)
2005-08-24 67 0 Sentencing Memorandum Revised SENTENCING RECOMMENDATION as to Sui Pita (original sealed and held in probation office) (bbb)
2005-08-24 68 0 Miscellaneous Document FINDINGS and RECOMMENDATIONS on CJA Compensation Claim ; $4,338.00 recommended for Atty Richard Pafundi by Mag Judge Barry M. Kurren (gs)
2006-03-02 69 0 Amended Judgment AMENDED JUDGMENT as to Sui Pita (1), Count(s) 1, Government's Oral Motion to Dismiss Count 1 of the Indictment - is hereby GRANTED; Count(s) 2, Sentence as to Count 2 of the Indictment- Imprisonment-63 Months; Supervised Release: 60 months; SA: $100.00. Signed by Judge ROBERT M TAKASUGI on 3/2/06. (gls, ) 2010-02-14 15:41:06 676ba3216b7945d49a9064c760ca19e70d364672