Case details

Court: hid
Docket #: 1:05-cr-00286
Case Name: USA v. Hayashi
PACER case #: 21795
Date filed: 2005-07-07
Date terminated: 2006-04-04
Date of last filing: 2008-02-28

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2005-06-29 1 0 Complaint COMPLAINT by Richard Jones, DEA against Ross Masaaki Hayashi signed by Mag Judge Kevin S. Chang [ 1:05-m -566 ] (emt)
2005-06-29 2 0 Motion for Miscellaneous Relief MOTION by plaintiff USA to detain defendant without bail before Mag Judge Kevin S. Chang [ 1:05-m -566 ] (emt)
2005-06-29 3 0 Minutes - Miscellaneous EP: MINUTES: Initial Appearance INITIAL APPEARANCE of Ross Masaaki Hayashi - defendant present, in custody. Defendant sworn to the financial affidavit and request for court appointed attorney is granted. Loretta Faymonville and the Office of the Federal Public Defender are appointed as counsel for defendant. ; , At defendant's request, Detention Hearing set for 7/8/05, 2:00pm, Judge Kobayashi Preliminary Hearing set for 7/14/05, 10:30am, Judge Kurren , Defendant is remanded to the custody of the USMS. Ross Masaaki Hayashi Attorney Beverly W. Sameshima, A. Faymonville present ( Ct Rptr: C5, 1:41:35-1:43:31) by Judge Kevin S. C. Chang [ 1:05-m -566 ] (emt)
2005-06-29 4 0 Financial Affidavit - CJA23 FINANCIAL Affidavit as to Ross Masaaki Hayashi [ 1:05-m -566 ] (emt)
2005-07-01 5 0 Order of Detention ORDER of Temporary Detention Pending Hearing Pursuant to Bail Reform Act as to Ross Masaaki Hayashi by Mag Judge Kevin S. Chang - detention hearing set for 7/8/05, 2:00, LEK [ 1:05-m -566 ] (emt)
2005-07-07 6 0 Indictment EP: INDICTMENT by USA Counts filed against Ross Masaaki Hayashi (1) count(s) 1, 2; PS ordered ( Barbara Acoba ) by Mag Judge Leslie E. Kobayashi (emt) Additional attachment(s) added on 3/3/2006 (bbb, ). 2010-02-15 14:01:54 9fdffc35e2e1e908c5bf40241826797c4b7a11da
2005-07-07 7 0 Summons Issued PS issued as to Ross Masaaki Hayashi ; arraignment set for 2:00 7/8/05 for Ross Masaaki Hayashi before Mag Judge Leslie E. Kobayashi (emt)
2005-07-08 8 0 Minutes - Miscellaneous EP: MINUTES: A & P as to the Indictment - Defendant present in custody. dft Ross Masaaki Hayashi arraignment waived - Charges received. Defendant waives public reading of the Indictment. Plea of Not Guilty entered. ; Attorney Alexander Silvert present; , Jury Selection/Trial set for 9:00 9/7/05, SOM. Final Pretrial Conference set for 10:00 8/8/05, KSC. Defendant's Motions due 7/27/05. Government's Response due 8/10/05. Detention Hearing - No objections to the USPTS Report. Parties submit. Motion to Detain Granted. Govt to prepare Order. Defendant remanded to the custody of the US Marshal. [2-1] ; Ross Masaaki Hayashi Attorney Beverly W. Sameshima, Alexander Silvert present ( Ct Rptr: C7, 2:03-2:05) by Judge Leslie E. Kobayashi (emt)
2005-07-11 9 0 Order ORDER granting Government's motion to detain defendant without bail; certificate of serivce by Mag Judge Leslie E. Kobayashi [2-1] (emt)
2005-07-12 10 0 Summons Returned Executed PS executed on 7/8/05 as to Ross Masaaki Hayashi (emt)
2005-07-21 11 0 Indictment EP: FIRST SUPERSEDING INDICTMENT by USA; naming Ross Masaaki Hayashi, Carl Okinaga counts filed against Ross Masaaki Hayashi (1) count(s) 1s, 2s, Carl Okinaga (2) count(s) 1, 2 PS ordered ( Wendy Char) by Mag Judge Kevin S. C. Chang (emt) Additional attachment(s) added on 3/3/2006 (bbb, ). 2010-02-15 14:01:50 0938ed66357962c52f5f9eb46abf5df3952703da
2005-07-21 12 0 Summons Issued PS issued as to Ross Masaaki Hayashi ; arraignment set for 11:30 7/28/05 for Ross Masaaki Hayashi before Mag Judge Barry M. Kurren (emt)
2005-07-25 15 0 Notice of Hearing NOTICE of hearing setting CR 05-00286SOM USA vs. (01) Ross Masaaki Hayashi and (02) Carl Okinaga - Final Pretrial Conference set for 8/8/05 @ 10:00 a.m. KSC is continued to 8/15/05 @ 10:00 a.m. LEK. Notified: Beverly Wee Sameshima AUSA, and (01) Alexander Silvert AFPD and (02) Richard Kawana through Ms. Sameshima. (emt)
2005-07-26 16 0 Order ORDER re-assigning criminal cases by Judge David A. Ezra originally assigned to Judge Susan Oki Mollway, reassigned to Judge J. Michael Seabright (cc: all counsel, CRMS, DJS, PTS, USM, USPO) (emt)
2005-07-28 18 0 Summons Returned Executed PS returned executed on 7/28/05 as to Ross Masaaki Hayashi (gs)
2005-07-28 19 0 Minutes - Miscellaneous EP: MINUTES: A & P to the First Superseding Indictment as to (01) Ross Masaaki Hayashi and (02) Carl Okinaga - defts present in custody. Arrns waived. Pleas of NOT GUILTY entered. , New dates given: JS/JT 9-27-05 @ 9 a.m., JMS FPT 8-29-05 @ 10 a.m., LEK Motions due 8-18-05 Response due 9-1-05 Detention Hearing as to (01) Ross Masaaki Hayashi set for this afternoon @ 3 p.m., BMK. Defts remanded to custody of marshal. ; Ross Masaaki Hayashi, Carl Okinaga Attorney Beverly Sameshima, Richard S. Kawana, Alexander Silvert present ( Ct Rptr: C6, 11:45-11:50) by Judge Barry M. Kurren (emt)
2005-07-28 20 0 Minutes - Miscellaneous EP: MINUTES: Bail Hearing as to (01) Ross Hayashi - deft present in custody. , Bail set at: $25,000 unsecured bond (7b) Comply with pretrial services supervision, and abide by all conditions of release as directed by Pretrial Services. (7g3) Do not apply for/obtain a passport. Execute an affidavit or declaration which attests that you do not have access to, or are in possession of any passport. Submit to the U.S. District Court Clerk's Office by: 2 p.m. on August 4, 2005. (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. (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. (7t) Do not consume any alcoholic beverages or products containing alcohol while on bond. (7u1) 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. (7w1) Submit to alcohol detection testing as approved by Pretrial Services. (7x) Participate in inpatient and any recommended follow-up outpatient substance abuse treatment as approved by Pretrial Services. You are required to abide by all established rules of the program. Complete the residential phase of treatment at: Salvation Army Adult Rehabilitation Center. You are restricted to the facility at all times, except as approved in advance 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. Release is delayed until bed space is available. 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. Deft remanded to custody of U.S. Marshal. ; Ross Masaaki Hayashi Attorney Beverly Wee Sameshima by Keith Celebrezze, Alexander Silvert present ( Ct Rptr: C6, 2:59-3:02) by Judge Barry M. Kurren (emt)
2005-07-29 21 0 Receipt for Passport STATEMENT of Ross Masaaki Hayashi re: passport - defendant does not currently have a passport (emt)
2005-08-02 22 0 Detention - Miscellaneous APPEARANCE BOND ( $25,000.00 unsecured) posted by Ross Masaaki Hayashi signed by Judge Barry M. Kurren (emt)
2005-08-02 23 0 ORDER Setting Conditions of Release for Ross Masaaki Hayashi ( $25,000.00 unsecured posted ) by Mag Judge Barry Kurren (emt)
2005-08-12 25 0 Minutes - Miscellaneous EO: MINUTES: Status Conference set for 08/16/2005 9:30AM before JMS Notified Beverly Sameshima, Alexander Silvert, Richard Kawana, US Marshals. by Judge J. Michael Seabright (emt)
2005-08-12 26 0 Notice of Hearing NOTICE - Status Conference scheduled for Tuesday, August 16, 2005 @ 9:30 a.m. before the Honorable J. Michael Seabright for Ross Hayashi and for Carl Okinaga (gs)
2005-08-22 28 0 Minutes - Miscellaneous EO: MINUTES: Continued : [Jury Selection/Trial to Follow ] from 09/27/2005 9:00 AM to 11/15/2005 9:00:AM before JMS Final Pretrial Conference continued to 10/17/05 at 10:00 LEK. ; by Judge J. Michael Seabright (emt)
2005-08-29 29 0 Stipulation and Order STIPULATION and order continuing trial and to exclude time by Judge J. M. Seabright ; jury trial set for 9:00 11/15/05 for Ross Masaaki Hayashi, for Carl Okinaga ; pretrial conference set for 10:00 10/17/05 for Ross Masaaki Hayashi, for Carl Okinaga , the time period beginning and including 9/7/05, to and including 11/15/05, be excluded from the computations required by the Speedy Trial Act, 18:3161(h)(8)(B)(iv) (emt)
2005-08-31 30 0 Minutes - Miscellaneous EP: MINUTES: Status Conference: Defendant present with counsel Alexander Silvert. Judge Seabright disclosed that he was employed at the U.S. Attorney's Office until May 16, 2005. Judge Seabright explained Canon 3C(1) and 3C(1)(e) of the code of Conduct for United States Judges and 28 U.S.C. Section 455. Judge Seabright disclosed that he reviewed the entire file in this matter and had no recollection, and did not believe, that he had any contact with or participated in this matter while employed at the U. S. Attorney's Office. Assistant U. S. Attorney Beverly Wee Sameshima confirmed that Judge Seabright did not participate in this matter while employed at the U. S. Attorney's Office. Counsel for defendant, Alexander Silvert stated that they had no objection to Judge Seabright presiding over this matter. The Court therefore found no basis for disqualification under the canon of ethics or the laws of the United States. Defendant informed the Court that he is willing to waive 455(a). Court found no basis for disqualification under 455(b) (3). ; Ross Masaaki Hayashi Attorney Beverly W. Sameshima, Alexander Silvert present ( Ct Rptr: Sharon Ross) by Judge J. Michael Seabright (emt)
2005-10-05 31 0 Notice of Hearing NOTICE of hearing CR 05-00286JMS-01 USA vs. Ross Masaaki Hayashi - Motion for Withdrawal of Not Guilty Plea and to Plead Anew set for Thursday, October 13, 2005 at 9:45 a.m. before the Honorable J. Michael Seabright. ; (emt)
2005-10-13 32 0 Minutes - Miscellaneous EP: MINUTES: Motion for Withdrawal of Not Guilty Plea and to Plead Anew: Defendant present with counsel Alexander Silvert. Defendant sworn. Questioned by Court. Advised of his constitutional rights, provisions of the Sentencing Guidelines. Count 1 of the Indictment read to the defendant. Advised of the maximum penalties provided by law. Ms. Sameshima recited the essential provisions of the plea agreement. Memorandum of Plea Agreement filed. Ms. Sameshima summarized the government's evidence against the defendant. The defendant admitted his involvement in this case. , Guilty plea entered to Count 1 of the First Superseding Indictment. Court accepts guilty plea and enters judgment of guilty. , Defendant referred for presentence investigation and report and sentencing set for Thursday, February 23, 2006 at 2:15 p.m. before the Honorable J. Michael Seabright. Bail: Ordered that defendant remain on bail under the same terms and conditions as previously imposed by Magistrate Judge. Ross Masaaki Hayashi, Attorney Beverly W. Sameshima, Alexander Silvert present ( Ct Rptr: Sharon Ross) by Judge J. Michael Seabright (emt)
2005-10-13 33 0 Plea Agreement MEMORANDUM of Plea Agreement as to Ross Masaaki Hayashi (emt)
2005-10-13 34 0 Notice of Hearing NOTICE of hearing CR 05-00286JMS-02 USA vs. Carl Okinaga - Motion for Withdrawal of Not Guilty Plea and to Plead Anew scheduled for Wednesday, November 2, 2005 at 9:30 a.m. before the Honorable J. Michael Seabright. (emt)
2005-10-18 35 0 Notice of Hearing NOTICE of hearing CR 05-00286JMS-01 USA vs. Carl Okinaga Motion for Withdrawal of Not Guilty Plea and to Plead Anew scheduled for Wednesday, November 2, 2005 at 9:30 a.m. before the Honorable J. Michael Seabright, rescheduled to 9:00 a.m. on the same day. ; withdrawal of not guilty plea set for 9:00 11/2/05 for Carl Okinaga (emt)
2005-11-09 37 0 Minutes - Miscellaneous EO: MINUTES: Continued : [Sentencing to Counts 1 & 2 of the First Superseding Indictment (-02 Carl Okinaga)] from 03/28/2006 1:30 PM to 03/30/2006 2:15 PM before JMS ; sentencing hearing continued to 2:15 3/30/06 for Carl Okinaga by Judge J. Michael Seabright (emt)
2005-11-23 38 0 Miscellaneous Document PS 8 - PETITION for Action on Conditions of Pretrial Release PS ordered, for Ross Masaaki Hayashi by Judge J. M. Seabright (emt)
2005-11-25 39 0 Summons Issued PS issued as to Ross Masaaki Hayashi ; osc hearing set for 10:00 11/30/05 for Ross Masaaki Hayashi before Mag Judge Barry M. Kurren (emt)
2005-11-23 40 0 Notice of Hearing NOTICE of hearing - CR 05-00286JMS USA v. (01) Ross Hayashi - Order to Show Cause Why Pretrial Release Should Not be Revoked as to (01) Ross Masaaki Hayashi set for 11-30-05 @ 10 a.m., BMK. AUSA: Beverly Sameshima Deft's counsel: (01) Alexander Silvert PTS: David Kahunahana [38-1] (emt)
2005-11-30 41 0 Minutes - Miscellaneous EP: MINUTES: Order to Show Cause Why Pretrial Release Should Not be Revoked as to (01) Ross Masaaki Hayashi - deft present on bail. Bail not revoked. Status Conference Re Entrance Into a Treatment Program set for 12/15/2005 10:30:00 AM before KSC. [38-1] ; in-court hearing set for 10:30 12/15/05 for Ross Masaaki Hayashi ; Ross Masaaki Hayashi Attorney Beverly W. Sameshima by Thomas Brady, Alexander Silvert present ( Ct Rptr: C6, 10:13-10:15) by Judge Barry M. Kurren (emt)
2005-12-01 42 0 Summons Returned Executed PS executed on 11/30/05 as to Ross Masaaki Hayashi (emt)
2005-12-15 43 0 Notice of Hearing NOTICE OF HEARING - CR05-286JMS, USA v. (01) Ross Hayashi - There being no opposition by the government, Status Conference Re Entrance Into a Treatment Program set 12/15/05 before Judge Chang has been continued to 12/28/05 at 10:30am before Judge ChangAUSA: Beverly SameshimaFAFPD: Alexander Silvert [Status Conference set for 12/28/2005 10:30 AM before JUDGE KEVIN S CHANG.] (emt, )
2005-12-28 44 0 Status Conference EP: Status Conference Re Entrance into a treatment program as to deft 01 Ross Masaaki Hayashi held on 12/28/2005, Further Status Conference set for 1/27/2006 10:00 AM before JUDGE LESLIE E KOBAYASHI. (FTR-Ctrm C5; 10:42 - 10:44.) (JUDGE KEVIN S.C. CHANG )(gls, ) 2010-02-15 14:01:57 095665d630ad696a6c28d6a903ab8d83d6eb04b0
2006-01-06 45 0 Sentencing Memorandum Government's SENTENCING STATEMENT; certificate of service by USA as to Ross Masaaki Hayashi (SEALED) (emt, ) Modified on 1/10/2006 (emt, ). Modified on 2/16/2006 (emt, ).
2006-01-09 46 0 Sentencing Memorandum RESPONSE TO DRAFT PRESENTENCE REPORT; certificate of service - by defendant (01) Ross Masaaki Hayashi (SEALED) (emt, ) Modified on 1/10/2006 (emt, ). Modified on 2/16/2006 (emt, ).
2006-01-18 47 0 Set/Reset Hearings EO :Set/Reset Hearings as to Ross Masaaki Hayashi: Status Conference Re: Entrance Into a Treatment Program set for 1/27/2006 10:00 AM is moved to 1/27/2006 11:00 AM before JUDGE LESLIE E KOBAYASHI. (JUDGE LESLIE E KOBAYASHI )(wnn, )
2006-01-27 48 0 Status Conference EP : Further Status Conference as to Ross Masaaki Hayashi held on 1/27/2006 (FTR-Ctrm FTR Courtroom 7; 11:35 AM-11:36 AM.) (JUDGE LESLIE E KOBAYASHI )(emt, ) 2010-02-15 14:01:56 dee8c35d46d72f1480b9a6eee69275166bcdce97
2006-02-08 50 0 Motion for Downward Departure Government's MOTION for downward departure and sentencing recommendation as to defendant Ross Masaaki Hayashi; certificate of service by USA as to Ross Masaaki Hayashi - set for 2/23/06, 2:15 PM before Judge J. Michael Seabright (SEALED)(emt, ) Modified on 2/8/2006 (emt, ). Modified on 2/16/2006 (emt, ).
2006-02-15 52 0 Motion for Downward Departure REQUEST for Downward Departure and/or a Reasonable Sentence Under 18 USC 3553(a); exhibits A-B; certificate of service (SEALED) - by Ross Masaaki Hayashi. (emt, )
2006-02-21 53 0 Notice of Hearing on Motion NOTICE OF HEARING ON MOTION-as to Defendant (01) Ross Masaaki Hayashi [52] MOTION for Downward Departure set for 2/23/2006 @2:15 PM before JUDGE J. MICHAEL SEABRIGHT. (lls, )
2006-02-23 54 0 Motion for Downward Departure Government's AMENDED MOTION for Downward Departure and Sentencing Recommendation as to Defendant Ross Masaaki Hayashi; Certificate of Service - by USA as to Ross Masaaki Hayashi (SEALED) (emt, )
2006-02-23 55 0 Sentencing EP :Sentencing held on 2/23/2006 for Ross Masaaki Hayashi (1), Count(s) 1, 2, Superseded; Count(s) 1s, Imprisonment: 30 Months, Supervised Release: 4 years; Count(s) 2s, Government's Oral Motion to Dismiss Count II of the First Superseding Indictment - is hereby Granted., Motions terminated as to Ross Masaaki Hayashi: [50] MOTION for Downward Departure filed by USA,, [54] Amended MOTION for Downward Departure filed by USA,, [52] MOTION for Downward Departure filed by Ross Masaaki Hayashi,. (Court Reporter Sharon Ross.) (JUDGE J. MICHAEL SEABRIGHT )(emt, ) 2010-02-15 14:01:51 3c13d75ade8858331fe95187f799939165b7e447
2006-03-02 58 0 Judgment JUDGMENT as to Ross Masaaki Hayashi (1), Count(s) 1, 2, Superseded; Count(s) 1s, Imprisonment: 30 Months, Supervised Release: 4 years; Count(s) 2s, Government's Oral Motion to Dismiss Count II of the First Superseding Indictment - is hereby Granted - Signed by Judge J. MICHAEL SEABRIGHT on 3/2/06. (emt, ) 2010-02-15 14:01:53 877602923773948b3502bff0b2bc48956bdf7871