Case details

Court: hid
Docket #: 1:03-cr-00549
Case Name: USA v. Yamashita
PACER case #: 13906
Date filed: 2003-11-21
Date terminated: 2005-05-26
Date of last filing: 2006-06-13

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2003-01-21 1 0 Complaint Criminal COMPLAINT by Herbert Nakamura, HPD against Shon Yamashita signed by Mag Judge Barry M. Kurren [ 1:03-m -46 ] (gs)
2003-01-21 2 0 Minutes - Miscellaneous EP: MINUTES: INITIAL APPEARANCE - Deft present in custody; Deft sworn to Financial Affidavit; Request for Court appointed atty - GRANTED; Shanlyn A.S. Park, AFPD and the Office of the Public Defender Apptd Atty ; Charges Received; Detention Hearing held. Court Orders that the defendant be released on an unsecured bond in the amount of $40,000 under the following conditions: Defendant is placed in the Third Party Custodianship of: Tae Chong Yamashita, Mother (7b) Comply with pretrial services supervision, and abide by all conditions of release as directed by Pretrial Services. (7g1) Surrender any passport no later than: 1/24/03 by 12:00 Noon. (7h1) Travel is restricted to State of Hawaii; inter-island travel must be approved in advance by Pretrial Services. (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. (7v2) Submit to drug detection testing and a substance abuse assessment and participate in any recommended treatment 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. Preliminary Hearing set for 10:00 2/10/03, KSC. Defendant remanded to the custody of the US Marshal for processing $40,000.00 UNSECURED Bond set for Shon Yamashita ; Shon Yamashita, USA Attorney Beverly Wee Sameshima, Shanlyn A.S. Park present (Ct Rptr: CR6; 1327) by Judge Kurren [ 1:03-m -46 ] (gs)
2003-01-21 3 0 Financial Affidavit - CJA23 FINANCIAL Affidavit as to Shon Yamashita [ 1:03-m -46 ] (gs)
2003-01-22 4 0 Receipt for Passport NOTICE and Receipt of Passport - 120208985 Passport Number (placed in vault) by defendant Shon Yamashita [ 1:03-m -46 ] (gs)
2003-01-22 5 0 ORDER Setting Conditions of Release for Shon Yamashita ( $40,000.00 UNSECURED posted ) by Mag Judge Leslie E. Kobayashi [ 1:03-m -46 ] (gs)
2003-01-22 6 0 Detention - Miscellaneous APPEARANCE BOND ($40,000.00 UNSECURED) posted by Shon Yamashita signed by Judge Kobayashi [ 1:03-m -46 ] (gs)
2003-01-31 7 0 Order Waiver of Preliminary Hearing and Indictment; ORDER by Mag Judge Leslie E. Kobayashi [ 1:03-m -46 ] (gs)
2003-02-14 8 0 Stipulation and Order STIPULATION and order by Mag Judge Leslie E. Kobayashi to extend time within which the government may file Indictment or Information (SEALED) [ 1:03-m -46 ] (sealed)
2003-03-19 9 0 Stipulation and Order STIPULATION to Extend Time Within Which the Government may filed Indictment or Information and order by Mag Judge Leslie E. Kobayashi (SEALED) [ 1:03-m -46 ] (gab)
2003-04-18 10 0 Stipulation and Order STIPULATION to Extend Time within which the Government may file Indictment or Information; Order by Mag Judge Leslie E. Kobayashi [SEALED] [ 1:03-m -46 ] (gs)
2003-06-23 11 0 Stipulation and Order STIPULATION to Extend Time within which the Government May file Indictment or Information; Order by Mag Judge Barry M. Kurren [SEALED] [ 1:03-m -46 ] (gs)
2003-09-23 12 0 Stipulation and Order STIPULATION to Extend time within which the Government may file Indictment or Information; order by Mag Judge Barry M. Kurren [SEALED] [ 1:03-m -46 ] (gs)
2003-10-17 13 0 Stipulation and Order STIPULATION to extend time within which the Government may filed indictment or information and order by Mag Judge Leslie E. Kobayashi (SEALED) [ 1:03-m -46 ] (gab)
2003-11-21 14 0 Miscellaneous Document INFORMATION by USA Shon Yamashita (1) count(s) 1 (gs)
2003-11-24 15 0 Notice of Hearing NOTICE - Initial Appearance, Waiver of Indictment and plea of Guilty to the information is set for 12/8/03 @ 11:15 a.m. SOM (gs)
2003-12-08 16 0 Minutes - Miscellaneous EP: MINUTES: Waiver of Indictment and plea of Guilty to an Information - Defendant Shon Yamashita present. Defendant sworn. Questioned. The Information was publicly read by the Court. Advised of rights to be indicted by the Grand Jury. Waiver of Indictment signed and filed. Memorandum of Plea agreement filed, acceptance deferred until after review of the presentence report. Government informs the Court that if the defendant is eligible, it intends to move to Grant a One Level Decrease for Acceptance of Responsibility at sentencing. Defendant advised of his rights, including his right to trial by jury, etc. Guilty plea entered as to the Information. Court accepts the guilty plea and the defendant is adjudged guilty. ; Referred for presentence investigation and report, and sentencing is set for 6/1/04 @ 2:15 p.m. SOM. Court finds by clear and convincing evidence that the defendant is not a flight risk, nor a danger to the community. Defendant to remain out on bail with the same conditions to apply ; Shon Yamashita, USA Attorney Beverly W. Sameshima, William Domingo present (Ct Rptr: Debra Chun) by Judge Mollway (gs)
2003-12-08 17 0 Plea Agreement MEMORANDUM of Plea Agreement as to Shon Yamashita (gs)
2003-12-08 18 0 Waiver - Miscellaneous WAIVER of Indictment by defendant Shon Yamashita signed by Judge Mollway (gs)
2004-04-15 19 0 Sentencing Memorandum Government's SENTENCING Statement; Certificate of Service as to Shon Yamashita [SEALED] (gs)
2004-04-26 20 0 Sentencing Memorandum Defendant's Response to Draft Presentence Report; Certificate of Service as to Shon Yamashita (gs)
2004-05-07 21 0 Notice of Hearing NOTICE - Sentencing to the Information set for 6/1/04 @ 2:15 p.m. SOM is continued to 11/22/04 @ 3:45 p.m. SOM; Mr. Domingo to prepare the stipulation for Shon Yamashita (gs)
2004-05-10 22 0 Stipulation and Order STIPULATION and order to Continue Sentencing Date by Judge Susan O. Mollway ; sentencing hearing set for 3:45 11/22/04 for Shon Yamashita (gs)
2004-10-20 23 0 Notice of Hearing NOTICE of hearing setting hearing on Sentencing to the Information set for 11/22/04 @ 3:45 p.m. SOM is continued to 4/11/05 @ 3:00 p.m. SOM. Notified: Beverly Wee Sameshima AUSA and William Domingo AFPD. Mr. Domingo to prepare the stipulation. for Shon Yamashita (bbb)
2004-10-22 24 0 Stipulation and Order STIPULATION and order to continue sentencing date by Mag Judge Kevin S. Chang ; sentencing hearing set for 3:00 4/11/05 for Shon Yamashita; by defendant (bbb)
2005-01-18 25 0 CJA 20 - Appointment CJA Form 20 Copy 4 (Appointment of Counsel) as to defendant Shon Yamashita Attorney William M. Domingo replacing attorney Shanlyn A.S. Park for Shon Yamashita (eps)
2005-01-26 26 0 Stipulation and Order STIPULATION and order to amend conditions of pretrial release by Judge Susan O. Mollway to modify conditions of release to leave the District of Hawaii for the State of Florida 2/4/2005 - 2/6/2005 (eps)
2005-04-08 27 0 Notice of Hearing NOTICE of hearing setting hearing on CR 03-00549SOM USA vs. Shon Yamashita Sentencing to the Information set for 4/11/05 @ 3:00 p.m. SOM is continued to 5/26/05 @ 3:00 p.m. SOM. Notified: Beverly Wee Sameshima AUSA, William Domingo, USM and USPO. (eps)
2005-05-17 28 0 Motion to Modify Conditions of Release Notice of Motion and MOTION to modify conditions of pretrial release by defendant Shon Yamashita ; declaration of counsel; certificate of service - Motion hearing set for 5/19/05 10:30 before KSC (ecs)
2005-05-17 29 0 Notice of Hearing NOTICE of hearing setting hearing on:RE: CR NO. 03-00549SOM USA vs. SHON YAMASHITA Motion to Modify Conditions of Bail set for 10:30 5/19/05, KSC AUSA, Beverly Wee Sameshima Deft's Atty, William M. Domingo [28-1] (ecs)
2005-05-17 30 0 Minutes - Miscellaneous EO: MINUTES: Motion to Modify Conditions of Pretrial Release set for 5/19/2005 at 10:30 AM before Judge Chang is hereby vacated. Parties to submit a Stipulation. Mr. Domingo to file a withdrawal of this Motion. [28-1] by Judge Kevin SC Chang (eps)
2005-05-19 31 0 Miscellaneous Document WITHDRAWAL of motion to modify conditions of pretrial release filed on May 17, 2005; certificate of service by defendant Shon Yamashita [28-1] (eps)
2005-05-19 32 0 Stipulation and Order STIPULATION and order modifying conditions of pretrial release by Mag Judge Kevin S. Chang re [28-1]; travel from 5/20/05 to 5/23/05 (eps) Modified on 05/19/2005
2005-05-26 33 0 Minutes - Miscellaneous EP: MINUTES: Sentencing to the Information - Defendant Shon Yamashita present. Court adopts the PSR, and it is placed under seal along with the USPO's recommendations. The Memorandum of Plea Agreement has been accepted by the Court. The Court found that the defendant qualifies for the "safety valve" provisions as set for in 18 USC Section 3553(f)(1)-(5). Allocution by the Defendant sentencing Shon Yamashita (1) count(s) 1. ADJUDGED: Imprisonment: 37 Months. Supervised Release: 5 Years. Fine: $2,000.00 Special Assessment: $100.00. 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 commencement of supervision and at least two drug tests thereafter, as directed by the Probation Office (mandatory condition). That the defendant participate in a substance abuse program, which may include drug testing at the discretion and direction of the Probation Office. That the defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. That the fine of $2,000 is due immediately and any remaining balance upon release from confinement be paid during the period of supervision on an installment basis according to the collection policy of the Probation Office but at a rate of not less than 10 percent of his monthly gross income. That the defendant provide the Probation Office and the Financial Litigation Unit of the U.S. Attorney's Office access to any requested financial information to include submitting to periodic debtor's examinations as directed by the Probation Office. That the defendant shall cooperate in the collection of DNA as directed by the probation officer. Defendant advised of his right to appeal. JUDICIAL RECOMMENDATIONS: 1) Lompoc; 2) 500 Hour Comprehensive Drug Treatment Program; 3) Vocational and Educational Training. Mittimus stayed until 7/7/05. Defendant to self surrender 10:00 a.m. on 7/7/05 at the facility designated by the BOP , case terminated ; Shon Yamashita Attorney Beverly W. Sameshima, William M. Domingo present ( Ct Rptr: Cynthia Fazio) by Judge Susan Oki Mollway (eps)
2005-06-02 34 0 Presentence Investigation Report PRESENTENCE Report on Shon Yamashita (original sealed and held in probation office). (bbb)
2005-06-02 35 0 Sentencing Memorandum SENTENCING RECOMMENDATION as to Shon Yamashita (original sealed and held in probation office) (bbb)
2005-06-02 36 0 Judgment JUDGMENT and Commitment as to Shon Yamashita by Judge Susan O. Mollway (cc: all counsel) (eps) Additional attachment(s) added on 6/8/2006 (tbf, ).
2005-06-15 37 0 Stipulation and Order STIPULATION and order permitting defendant to leave the jurisdiction - by Mag Judge Kevin S. Chang - approved and so ordered that defendant Shon Yamashita shall be allowed to travel to California on 06/15/05, to await his self surrender into the Latuna Federal Facility on 07/07/05; defendant is to reside with Bonnie Chu at 816 South Stoneman Avenue, Alhambra, CA 91801, telephone: (626)975-9874 - by defendant (lmg)
2005-07-07 38 0 Miscellaneous Document FINDINGS and RECOMMENDATIONS on CJA Compensation Claim; William M Domingo, Esq. as to deft Shon Yamashita by Mag Judge Kevin S. Chang (eps)
2005-08-09 39 0 CJA 20 - Authorization to Pay CJA Form 20 (Attorney Payment Voucher# 050803000250) by Attorney as to Shon Yamashita in the amount of $1823.70 by Judge Susan Oki Mollway (lmg)
2006-06-13 40 0 Notice (Other) NOTICE Satisfaction of Judgment and Release of Notice of Lien by USA as to Shon Yamashita (Ching, Edric)