Case details

Court: hid
Docket #: 1:04-cr-00172
Case Name: USA v. Tonga
PACER case #: 17674
Date filed: 2004-04-28
Date terminated: 2005-09-26
Date of last filing: 2005-10-17

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2004-03-12 1 0 Complaint COMPLAINT by Gordon Horiye, S/A ATF against Steven M. Tonga Jr. signed by Mag Judge Barry M. Kurren [ 1:04-m -233 ] (eps)
2004-03-12 2 0 Warrant Issued ARREST Warrant issued for Steven M. Tonga Jr. bail set for TO BE DETERMINED by Mag Judge Barry M. Kurren [ 1:04-m -233 ] (eps)
2004-04-15 3 0 Motion for Miscellaneous Relief MOTION to detain defendant without bail by USA as to Steven M. Tonga Jr. [ 1:04-m -233 ] (bbb)
2004-04-15 4 0 Minutes - Miscellaneous EP: MINUTES: Initial Appearance and Motion to Detain Defendant-Defendant present in Custody. Defendant Sworn to the Financial Affidavit. Request for Court appointed Counsel is hereby Granted. Shanlyn Park appointed as Defendant's Counsel. Detention Hearing-April 20, 2004 @9:30 a.m. before Judge Chang. Preliminary Hearing-April 29, 2004 @l0:30 a.m. before Judge Chang. Defendant remanded to the Custody of the U.S. Marshal's [3-1]; Steven M. Tonga Jr., USA Attorney Edric Ching, Shanlyn A.S. Park present ( Ct Rptr: C5 CD#2 3:34-3:37p) by Judge Kevin S. Chang [ 1:04-m -233 ] (bbb)
2004-04-15 5 0 Financial Affidavit - CJA23 FINANCIAL Affidavit as to Steven M. Tonga Jr. [ 1:04-m -233 ] (bbb)
2004-04-19 6 0 Order of Detention ORDER of Temporary Detention Pending Hearing Pursuant to Bail Reform Act as to Steven M. Tonga Jr. by Mag Judge Kevin S. Chang [ 1:04-m -233 ] (bbb)
2004-04-20 7 0 Minutes - Miscellaneous EP: MINUTES: Detention Hearing - defendant present, in custody. Government's motion is granted. Defendant remanded to the custody of the USMS. Government to prepare the order.; Steven M. Tonga Jr., USA Attorney Shanlyn A.S. Park present ( Ct Rptr: C5 CD#3 9:40-9:43am) by Judge Kevin S. Chang [ 1:04-m -233 ] (bbb)
2004-04-21 8 0 Order ORDER to detain defendant without bail by Mag Judge Kevin S. Chang [3-1] [ 1:04-m -233 ] (bbb)
2004-04-28 9 0 Warrant Returned Executed ARREST Warrant returned executed as to Steven M. Tonga Jr.on 4/15/04 [ 1:04-m -233 ] (bbb)
2004-04-28 10 0 Indictment EP: INDICTMENT by USA Counts filed against Steven M. Tonga, Jr., (1) count(s) 1, 2, 3, 4, 5; PS ordered ( Marjann Shawler ) by Mag Judge Barry M. Kurren (lmg) Additional attachment(s) added on 4/4/2006 (bbb, ). 2010-02-15 06:40:18 658573d75b92cadd1d2a1a2809ea5866cd194f90
2004-04-28 11 0 Summons Issued PS issued as to Steven M. Tonga Jr. ; arraignment set for 10:30 4/29/04 for Steven M. Tonga Jr. before Mag Judge Kevin S. Chang (lmg)
2004-04-29 12 0 Summons Returned Executed PS returned executed on 4/29/04 as to Steven M. Tonga Jr. (gs)
2004-04-29 13 0 Minutes - Miscellaneous EP: MINUTES: A & P to the Indictment - deft present, in custody; Arraignment waived; plea of NOT GUILTY entered; Jury Selection/trial: 9:00 6/29/04 SOM; final pretrial conf set for 10:00 6/1/04 LEK; Motions due: 5/20/04; Response due: 6/3/04; Deft remanded to the custody of the USMS ; Steven M. Tonga Jr., USA Attorney Edric Ming-Kai Ching, Donna Gray present (Ct Rptr: C5;CD3 10:32-10:33) by Mag Judge Chang (gs)
2004-05-25 14 0 Notice of Hearing MOITON to ; withdrawal of not guilty plea and to plead anew is set for 9:45 6/14/04, SOM for Steven M. Tonga Jr. ; notified: Edric Ching AUSA and Donna Gray, AFPD (lmg)
2004-06-14 15 0 Minutes - Miscellaneous EP: MINUTES: Motion to withdraw Not Guilty Plea and to Plead Anew - Defendant Steven M. Tonga, Jr. Present and in custody. Defendant sworn. Questioned. Memorandum of Plea Agreement filed, acceptance deferred until after review of the presentence report. Government informed the Court that it intends to move for 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 as to Counts 1 and 3 of the Indictment. Court accepts the guilty plea and the defendant is adjudged guilty ; Referred for presentence investigation and report, and sentencing is set for 10/7/04 @ 2:15 p.m. SOM. Defendant is remanded to the custody of the USM ; Steven M. Tonga Jr., USA Attorney Edric Ming-Kai Ching, Donna Gray present (Ct Rptr: Debra Chun) by Judge Mollway (gs)
2004-06-14 16 0 Plea Agreement MEMORANDUM of Plea Agreement as to Steven M. Tonga Jr. (gs)
2004-09-14 17 0 Sentencing Memorandum Government's SENTENCING Statement; certificate of service - as to Steven M. Tonga Jr. (lmg)
2004-09-17 18 0 Sentencing Memorandum RESPONSE to draft PRESENTENCE REPORT; certificate of service - as to defendant Steven M. Tonga Jr. (lmg)
2004-09-22 19 0 Notice of Hearing NOTICE of hearing setting hearing on ; sentencing to counts 1 and 3 of the indictment set for 10/7/04 @ 2:15 p.m. SOM is rescheduled to 10/4/04 @ 3:00 p.m. SOM ; notified: Edric Ching AUSA and Donna Gray AFPD (lmg)
2004-09-27 20 0 Notice of Hearing ;Sentencing to counts 1 and 3 of the indictment set for 10/04/04 @ 3:00 p.m. SOM is continued to 3/21/05 @ 3:45 p.m. SOM for Steven M. Tonga Jr. ; notified: Edric Ching AUSA and Donna Gray AFPD; Ms. Gray to prepare the stipulation (lmg)
2004-09-29 21 0 Stipulation and Order STIPULATION and order by Judge Susan O. Mollway - continuing sentencing date ; sentencing hearing set for 3:45 3/21/05 before Judge Susan Oki Mollway for Steven M. Tonga Jr. - on behalf of defendant (lmg)
2005-03-10 22 0 Motion for Miscellaneous Relief Government's MOTION for downward departure as to Steven M. Tonga Jr. ; certificate of service [SEALED] - Motion hearing set for 03/21/05 3:45pm before Judge Susan Oki Mollway (lmg)
2005-03-14 23 0 Notice of Hearing NOTICE of hearing setting hearing on CR 04-00172SOM USA vs. Steven M. Tonga, Jr. - [22-1] Sentencing to Counts 1 and 3 of the Indictment and Government's Motion for Downward Departure [22-1] set for 3/21/05 @ 3:45 p.m. SOM is continued to 9/12/05 @ 1:30 p.m. SOM. Notified: Edric Ching AUSA and Donna Gray AFPD. Ms. Gray to prepare the stipulation. Submitted by: Toni Fujinaga, CRM by Steven M. Tonga Jr. before (afc)
2005-03-17 24 0 Stipulation and Order STIPULATION and order continuing sentencing date by Judge Susan O. Mollway ; sentencing hearing set for 1:30 9/12/05 for Steven M. Tonga Jr. - on behalf of defendant [SEALED] (sealed)
2005-09-08 25 0 Sentencing Memorandum Defendant Steven M. Tonga Jr. RESPONSE to SENTENCING Memorandum; certificate of service - SEALED (eps)
2005-09-06 26 0 Notice of Hearing NOTICE - Sentencing to Counts 1 and 3 of the Indictment and Government's Motion for Downward Departure set for 9/12/05 @ 1:30 p.m. SOM is resheduled to 9:45 a.m. the same day for Steven M. Tonga Jr. (gs)
2005-09-09 27 0 Notice of Hearing NOTICE - Sentencing to Counts 1 and 3 of the Indictment and Government's Motion for Downward Departure set for 9/12/05 @ 9:45 a.m. SOM is continued to 9/26/05 @ 2:15 p.m. SOM; Mr. Ching to prepare the stipulation (gs)
2005-09-13 28 0 Stipulation and Order STIPULATION and order by Judge Susan O. Mollway - continuing sentencing date; ; sentencing hearing set for 2:15 9/26/05 before Judge Susan Oki Mollway for Steven M. Tonga Jr. - on behalf of USA (lmg)
2005-09-21 29 0 Motion for Miscellaneous Relief AMENDED MOTION for downward departure by USA as to Steven M. Tonga Jr. ; certificate of service - Motion hearing set for 9/26/05 2:15 SOM - SEALED (eps)
2005-09-26 30 0 Minutes - Miscellaneous EP: MINUTES: Sentencing to Counts 1 and 3 of the Indictment; Government's Motion for Downward Departure - Defendant Steven M. Tonga, Jr. present and in custody. Court adopts the PSR, and it is filed under seal along with the USPO's recommendations. The Memorandum of Plea Agreement has been accepted by the Court. Allocution by the Defendant. Government's Motion for Downward Departure - Granted. [29-1], [22-1] sentencing Steven M. Tonga (1) count(s) 1, 3 . ADJUDGED: Imprisonment: 63 Months as to each of Counts 1 and 3, both terms to run concurrently. Supervised Release: 4 Years as to Count 1 and 3 Years as to Count 3, both terms to run concurrently. Special Assessment: $200.00 ($100 per count). CONDITIONS: That the defendant shall abide by the standard conditions of supervision. That the defendant not commit any crimes, federal, state, or local (mandatory condition). That the defendant not possess illegal controlled substances (mandatory condition) That the defendant shall cooperate in the collection of DNA as directed by the probation officer. 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). The defendant to submit up to a maximum of one valid drug test per day as directed by the Probation Office. That the defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. That the defendant participate in a substance abuse program, which may include drug and alcohol testing, at the discretion and direction of the Probation Office. The defendant is to refrain from the possession and/or use of alcohol while participating in substance abuse treatment. That the defendant execute all financial disclosure forms requested by the Probation Office and provide access to any requested financial information. 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. Defendant advised of his right to appeal. JUDICIAL RECOMMENDATIONS: 1) Lompoc; 2) 500 Hour Comprehensive Drug Treatment Program; 3) Educational and Vocational Training. Defendant remanded to the custody of the USM. , dismissing counts as to Steven M. Tonga (1) count(s) 2, 4 , 5 . Government's Motion to Dismiss Counts 2, 4 and 5 - Granted. , case terminated ; Steven M. Tonga Jr. Attorney Edric Ming-Kai Ching, Donna Gray present ( Ct Rptr: Stephen Platt) by Judge Helen Gillmor (eps)
2005-09-30 31 0 Judgment JUDGMENT and Commitment as to Steven M. Tonga Jr. by Judge Susan O. Mollway (cc: all counsel) (eps) Additional attachment(s) added on 8/4/2006 (bbb, ). 2010-02-15 06:40:19 15fac070431545c84fd4a8ae620f67e9c26ea9a5
2005-10-17 32 0 Presentence Investigation Report PRESENTENCE Report on Steven M. Tonga Jr. (original sealed and held in probation office). (bbb)
2005-10-17 33 0 Sentencing Memorandum SENTENCING RECOMMENDATION as to Steven M. Tonga Jr. (original sealed and held in probation office) (bbb)
2005-10-17 34 0 Sentencing Memorandum Revised SENTENCING RECOMMENDATION as to Steven M. Tonga Jr. (original sealed and held in probation office) (bbb)
2005-10-17 35 0 Sentencing Memorandum Second revised SENTENCING RECOMMENDATION as to Steven M. Tonga Jr. (original sealed and held in probation office) (bbb)