Case details

Court: hid
Docket #: 1:04-cr-00275
Case Name: USA v. Silva
PACER case #: 17899
Date filed: 2004-07-22
Date terminated: 2006-03-17
Date of last filing: 2006-05-19

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2004-03-18 1 0 Complaint COMPLAINT by Charles Pang, S/A ATF against Dennis Silva signed by Mag Judge Barry M. Kurren [ 1:04-m -245 ] (eps)
2004-03-18 2 0 Warrant Issued ARREST Warrant issued for Dennis Silva bail set for to be determined by Mag Judge Barry M. Kurren [ 1:04-m -245 ] (eps)
2004-07-20 3 0 Motion for Miscellaneous Relief MOTION to detain defendant without bail by USA as to Dennis Silva [ 1:04-m -245 ] (gs)
2004-07-20 4 0 Minutes - Miscellaneous EP: MINUTES: INITIAL APPEARANCE and Government's Motion to Detain; Deft present in custody; Defendant Sworn in to the Financial Affidavit. Request for Court Appointed Counsel-is hereby Denied at this time. William Domingo-AFPD will represent this Defendant at today's hearing, Detention and Preliminary Hearings. Judge Chang is to review the Defendant's Financial Affidavit and determine if he is entitled to Court appointed Counsel at the Detention Hearing set for July 23, 2004. Detention Hearing-July 23, 2004 @l0:00 a.m. before Judge Chang Preliminary Hearing-August 03, 2004 @l0:30 a.m. before Judge Kurren Defendant remanded to the Custody of the U.S. Marshal's ; Dennis Silva, USA Atty Edric Ching, William Domingo present (Ct Rptr: Stephen Platt) by Judge Gillmor [ 1:04-m -245 ] (gs)
2004-07-20 5 0 Financial Affidavit - CJA23 FINANCIAL Affidavit as to Dennis Silva [ 1:04-m -245 ] (gs)
2004-07-20 6 0 Order of Detention ORDER of Temporary Detention Pending Hearing Pursuant to Bail Reform Act as to Dennis Silva by Judge Helen Gillmor [ 1:04-m -245 ] (gs)
2004-07-21 7 0 Warrant Returned Executed ARREST Warrant returned executed as to Dennis Silva on 7/19/04 [ 1:04-m -245 ] (gs)
2004-07-22 8 0 Indictment EP: INDICTMENT by USA Counts filed against Dennis Silva (1) count(s) 1-2; PS ordered ( Barbara Acoba ) by Judge Susan Oki Mollway (eps) Additional attachment(s) added on 3/21/2006 (bbb, ).
2004-07-22 9 0 Summons Issued PS issued as to Dennis Silva ; arraignment set for 10:00 7/23/04 for Dennis Silva before Mag Judge Kevin S. Chang (lmg)
2004-07-23 10 0 Minutes - Miscellaneous EP: MINUTES: [3-1] Detention hearing; A & P to the Indictment - Deft present in custody; The Court has reviewed defendant's Financial Affidavit and hereby grants defendant's request for appointment of counsel. Mr. Domingo and the Office of the Federal Public Defender are appointed as counsel for defendant. Arraignment waived, plea of Not Guilty entered ; Jury Selection/Trial: 9/21/04, 9:00am, Judge Mollway Final Pretrial Conference: 8/23/04, 10:00am, Judge Kurren Motions due: 8/13/04 Response due: 8/27/04 Government's Motion to Detain is denied; Bail - Execute an unsecured bond in the amount of $25,000. (7b) Comply with pretrial services supervision, and abide by all conditions of release as directed by Pretrial Services. (7g2) Do not apply for/obtain a passport. (7h1) Travel is restricted to State of Hawaii; inter-island travel must be approved in advance by Pretrial Services. (7i) Do not change residence without the advance approval of Pretrial services. (7m2) Contact is prohibited directly, indirectly, or through third parties with: mother and son. (7n) Undergo a psychiatric/mental health evaluation and participate in any recommended counseling as approved by Pretrial Services. Take all medications as prescribed. Obtain a mental health assessment no later than two weeks from date of release. (7o) Comply with the following curfew: as directed by Pretrial Services. (7s2) You are prohibited from possessing, or having access to any firearm, ammunition, destructive device, or other dangerous weapon. Immediately surrender all firearms, ammunition, destructive devices, and other dangerous weapons to an agent approved by Pretrial Services. Any firearm given to a friend/relative shall be retrieved and returned to Pretrial Services. (7t) Do not consume any alcoholic beverages or products containing alcohol while on bond. (7u) Do not use or possess illicit drugs, and do not be in the presence of illicit drug use or drug users/traffickers. (7v2) Submit to drug detection testing and a substance abuse assessment and participate in any recommended treatment as approved by Pretrial Services. (7w2) Submit to alcohol 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. (8n) Provide Pretrial Services with any and all requested financial information regarding your financial status including, but not limited to: employment and all sources of income, bank accounts, assets and liabilities, and investments. You are required to sign and execute an Authorization to Release Financial Information as requested by Pretrial Services. (8o) Pretrial Services is authorized to run credit reports on a random and "as needed" basis during the course of supervision to ensure compliance with pretrial release conditions. You are required to sign and execute any necessary release forms including, but not limited to an Authorization to Release Financial Information, as requested by Pretrial Services. Other Conditions: Provide Pretrial Services with an accounting of all monthly expenditures and provide receipts. Other than necessary living expenses, you are not to purchase any items for any "hobbies" over $100, unless approved in advance by Pretrial Services. Comply with all terms and conditions of the Restraining Order(s). Comply with the terms and conditions of the District Court Probation Defendant shall not commit any offense in violation of federal, state, or local law while on release in this case. Defendant shall appear at all proceedings as required and shall surrender for service of any sentence imposed as directed. The USMS shall provide defendant with a one-way ticket back to Hilo ; Dennis Silva, USA Attorney Edric Ming-Kai Ching, William M. Domingo present (Ct Rptr: C5;CD6 10:10-10:20) by Judge Chang (gs)
2004-07-27 11 0 Summons Returned Executed PS returned executed on 7/23/04 as to Dennis Silva (sealed)
2004-07-29 12 0 ORDER Setting Conditions of Release for Dennis Silva ( $25,000.00 UNSECURED posted ) by Mag Judge Kevin S. Chang (gs)
2004-07-29 13 0 Detention - Miscellaneous APPEARANCE BOND ($25,000.00 UNSECURED) posted by Dennis Silva signed by Judge Chang (gs)
2004-08-19 14 0 Notice of Hearing NOTICE - Jury Selection/Trial set for 9/21/04 @ 9:00 a.m. SOM is continued to 1/4/05 @ 9:00 a.m. SOM; Final pretrial Conference set for 9/23/04 @ 10:00 a.m. BMK is continued to 12/6/04 @ 10:00 a.m. LEK; Motions 1/22/04; Response 12/6/04; Mr. Ching to prepare the stipulation to continue and to exclude time (gs)
2004-08-31 15 0 Stipulation and Order STIPULATION continuing trial date and excluding time under the speedy trial act and order by Judge Susan O. Mollway ; jury trial set for 9:00 1/4/05 for Dennis Silva ; pretrial conference set for 10:00 12/6/04 for Dennis Silva , pd from 9/21/04 to 1/5/05 excluded 18:3161(h)(8)(A) and (h)(8)(B)(iv) (eps)
2004-12-03 16 0 Notice of Hearing NOTICE - Jury Selection/Trial set for 1/4/05 @ 9:00 a.m. SOM is continued to 4/12/05 @ 9:00 a.m. SOM; Final Pretrial Conference set for 12/6/04 @ 10:00 a.m. LEK is continued to 3/14/05 @ 10:00 a.m. KSC; Motions 2/28/05; Response 3/14/05; Mr. Ching to prepare the stipulation to continue and to exclude time (gs)
2004-12-29 17 0 Stipulation and Order STIPULATION continuing Trial date and Excluding Time Under the Speedy Trial Act by Judge Susan O. Mollway ; jury trial set for 9:00 4/12/05; final pretrial conference set for 10:00 3/14/05 ; Time excluded: 1/4/05 - 4/12/05 (gs)
2005-03-09 18 0 Notice of Hearing NOTICE - Jury Selection/trial set for 4/12/05 @ 9:00 a.m. SOM is continued to 9:00 6/14/05; Final pretrial conference set for 3/14/05 @ 10:00 a.m. KSC is continued to 10:00 5/16/05; Motions 5/2/05; Response 5/16/05; Ms. Byrne to prepare the stipulation to continue and to exclude time as to Deft Dennis Silva (gs)
2005-03-17 19 0 Stipulation and Order STIPULATION and order by Judge Susan O. Mollway Continuing Trial and Excluding Time ; jury trial set for 9:00 6/14/05 ; Final pretrial conference set for 10:00 5/16/05; Time excluded for Dennis Silva: 4/12/05 - 6/14/05 (gs)
2005-05-04 20 0 Motion to Dismiss Notice of Motion; MOTION by defendant Dennis Silva to dismiss Both Counts 1 and 2 Under the Commerce Clause ; Memorandum in Support; Declaration of Counsel; Certificate of service (gs)
2005-05-04 21 0 Motion to Dismiss Notice of Motion; MOTION to Dismiss count 1 or Count 2 for Multiplicity by defendant Dennis Silva ; Memorandum in Support; Declaration of Counsel; Certificate of Service Motion hearing set for 5/23/05 @ 10:30 a.m. SOM (gs)
2005-05-05 22 0 Notice of Hearing NOTICE - Defendant's motion to dismiss Both Counts 1 and 2 Under the Commerce Clause is set for [20-1] 10:30 5/23/05 SOM (gs)
2005-05-11 23 0 Notice of Hearing NOTICE - Jury Selection/trial set for 6/14/05 @ 9:00 a.m. SOM is continued to 8/16/05 @ 9:00 a.m. SOM; Final pretrial conference set for 5/16/05 @ 10:00 a.m. KSC is continued to 10:00 7/25/05 BMK; Motions 7/11/05; Response 7/25/05; Mr. Ching to prepare the stipulation to continue and to exclude time as to Deft Dennis Silva (gs)
2005-05-13 24 0 Stipulation and Order STIPULATION Continuing Trial Date and Excluding Time Under The Speedy Trial Act by Judge Susan O. Mollway ; jury trial set for 9:00 8/16/05; Final pretrial conference set for 10:00 7/25/05; Time excluded: 6/14/05 - 8/16/05 (gs)
2005-05-16 25 0 Response in Opposition The United States of America's MEMORANDUM in opposition to defendant's motion to dismiss Both Counts 1 and 2; Certificate of Service [20-1] (gs)
2005-05-16 26 0 Memorandum in Opposition to Motion The United States of America's MEMORANDUM in opposition to motion to Dismiss count 1 or Count 2 for Multiplicity; Certificate of Service [21-1] (gs)
2005-05-20 27 0 Notice of Hearing NOTICE - Motion to Dismiss count 1 or Count 2 for Multiplicity [21-1] and Motion to dismiss Both Counts 1 and 2 Under the Commerce Clause [20-1] set for 5/23/05 @ 10:30 a.m. are continued to 8/11/05 @ 9:00 a.m. SOM ; Jury Selection/trial set for 8/16/05 @ 9:00 a.m. SOM is continued to 9/20/05 @ 9:00 a.m. SOM; Final pretrial conference set for 7/25/05 @ 10:00 a.m. BMK is continued to 10:00 8/22/05 for Dennis Silva ; Mr. Ching to prepare the stipulation to continue and to exclude time (gs)
2005-06-01 28 0 Stipulation and Order STIPULATION Continuing Trial Date and Excluding Time Under the Speedy Trial Act by Judge Susan O. Mollway ; jury trial set for 9:00 9/20/05; Final pretrial conference set for 10:00 8/22/05 for Dennis Silva ; Time excluded: 8/16/05 - 9/20/05 (gs)
2005-07-01 29 0 Stipulation and Order STIPULATION and order by Judge Susan O. Mollway Amending Bail Conditions as to curfew - discontinued (gab)
2005-07-22 30 0 Order ORDER by Judge Susan O. Mollway denying motion to Dismiss count 1 or Count 2 for Multiplicity [21-1] (gs)
2005-07-26 31 0 Order ORDER Denying Motions to Dismiss Indictment Under The Commerce Clause by Judge Susan O. Mollway [20-1] (gs)
2005-08-17 32 0 Notice of Hearing NOTICE - Final pretrial conference set for 8/22/05 @ 10:00 a.m. LEK is continued to 10:00 8/29/05 for Dennis Silva (gs)
2005-08-26 33 0 Notice of Hearing NOTICE - Final pretrial conference set for 8/29/05 @ 10:00 a.m. LEK is continued to 10:00 9/6/05, KSC for Dennis Silva (gs)
2005-08-31 34 0 Notice of Hearing NOTICE of hearing setting hearing on RE: CR NO. 04-00275SOM USA vs. DENNIS SILVA Motion for Withdrawal of Not Guilty Plea and to Plead Anew set for 11:00 9/16/05, KSC AUSA, Marshall H. Silverberg AFPD, Pamela J. Byrne (eps)
2005-09-16 35 0 Miscellaneous Document CONSENT to Rule 11 plea in a felony case before a United States Magistrate Judge as to Dennis Silva (gs)
2005-09-16 36 0 Minutes - Miscellaneous EP: MINUTES: Motion for withdrawal of Not Guilty Plea and to Plead Anew; 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. Court informs Defendant of sentencing guidelines, possible departure from sentencing guidelines, supervised release, etc. Plea of Guilty as to Counts 1 and 2 of the Indictment entered by the Defendant. R&R signed, with 10 days to object. Pre-Sentence report ordered from USPO ; SENTENCING as to Counts 1 and 2 of the Indictment set for 1/3/06 at 3:00 p.m. before Judge Mollway. Defendant's current conditions of release to continue. ; Dennis Silva, USA Attorney Pamela J. Byrne present ( Ct Rptr: C5; 11:01-11:21) by Mag Judge Chang (gs)
2005-09-16 37 0 Miscellaneous Document Report and Recommendation concerning Plea of Guilty as to Dennis Silva (gs)
2005-10-12 38 0 Miscellaneous Document Acceptance of Plea of Guilty, Adjudication of Guilt and Notice of Sentencing as to Dennis Silva by Judge Susan O. Mollway (gs)
2005-11-22 39 0 Sentencing Memorandum Government's response to proposed presentence report; certificate of service as to Dennis Silva [SEALED] (gs)
2005-11-30 40 0 Sentencing Memorandum Response to Draft Presentence Report; Exhibits A-C; Certificate of Service as to Dennis Silva [SEALED] (gs)
2005-12-15 41 0 Notice of Hearing NOTICE - as to Dennis Silva Sentencing to Counts 1 and 2 of the Indictment set for 1/3/06 @ 3:00 p.m. SOM is continued to 3/13/2006 03:00 PM before JUDGE SUSAN O MOLLWAY. (gls, )
2005-12-19 42 0 Stipulation and Order STIPULATION and ORDER Continuing Sentencing Date as to Dennis Silva Sentencing set for 3/13/2006 09:00 AM in Aha Kanawai before JUDGE SUSAN O MOLLWAY. (gab, )
2006-02-06 43 0 Response Supplemental RESPONSE to Draft Presentence Report by Dennis Silva; Certificate of Service (FILED UNDER SEAL) (No document attached) (gab, )
2006-02-23 44 0 Memorandum in Support MEMORANDUM in Opposition by USA as to Dennis Silva re [43] Response [SEALED] (gls, )
2006-03-10 45 0 Sentencing Statement Supplemental SENTENCING STATEMENT and Request for Sentence Below Advisory Guidelines by Dennis Silva; Declaration of Counsel; Certificate of Service (gab, ) Modified on 3/14/2006 (SEALED DOCUMENT) (gab, ).
2006-03-13 46 0 Sentencing EP :Sentencing to Counts 1 and 2 of the Indictment for Dennis Silva (1), Count(s) 1-2, Imprisonment 13 months as to each of Counts 1 and 2, with both terms to run concurrently; Supervised Release 3 years as to each of Counts 1 and 2, with both terms to run concurrently; Fine $1,200.00, MITTIMUS stayed until 4/10/06; Defendant to self surrender @ 10 am 4/10/06 to the USM. (Court Reporter Debra Chun.) (JUDGE SUSAN OKI MOLLWAY )(eps )
2006-03-14 47 0 Link EO : Pursuant to defendant's request, defendant to self surrender @ 10:00 a.m. 4/6/06 at the USM instead of 4/10/06. (JUDGE SUSAN OKI MOLLWAY )(tbf, )
2006-03-13 48 0 Sealed Document Sealed Document Amended Exhibit 1 to Government's Memorandum in Opposition to Defendant's Response to Presentence Report as to Dennis Silva (gab, )
2006-03-17 49 0 Judgment JUDGMENT as to Dennis Silva (1), Count(s) 1-2, Imprisonment 13 months as to each of Counts 1 and 2, with both terms to run concurrently; Supervised Release 3 years as to each of Counts 1 and 2, with both terms to run concurrently; Fine $1,200.00, MITTIMUS stayed until 4/10/06; Defendant to self surrender @ 10 am 4/10/06 to the USM . Signed by Judge SUSAN OKI MOLLWAY on 3/17/2006. (gab, )
2006-04-13 52 0 Amended Judgment AMENDED JUDGMENT as to Dennis Silva (1), Count(s) 1-2, Imprisonment 13 months as to each of Counts 1 and 2, with both terms to run concurrently; Supervised Release 3 years as to each of Counts 1 and 2, with both terms to run concurrently; Fine $1,200.00, MITTIMUS stayed until 4/10/06; . Signed by Judge SUSAN OKI MOLLWAY on 4/13/06. (gls, )
2006-05-19 53 0 Notice (Other) NOTICE Satisfaction of Judgment and Release of Notice of Lien by USA as to Dennis Silva (Ching, Edric)
2006-03-08 54 0 Response Government's SUPPLEMENTAL RESPONSE Regarding the Total Offense Level; Exhibit 1-2; Certificate of Service - by USA as to Dennis Silva (SEALED) (emt, ) Additional attachment(s) added on 8/9/2007 (emt, ).