Case details

Court: hid
Docket #: 1:01-cr-00160
Case Name: USA v. Uti, et al
PACER case #: 4448
Date filed: 2001-05-02
Date terminated: 2006-07-27
Date of last filing: 2008-08-25

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2001-04-23 1 0 Complaint COMPLAINT by Michael D. Rothermund, DEA against Vanessa Barut signed by Mag Judge Barry M. Kurren [ 1:01-m -259 ] (gab)
2001-04-23 2 0 CJA 20 - Appointment CJA Form 20 Copy 4 (Appointment of Counsel) Voucher # as to defendant Vanessa Barut Attorney Richard D. Gronna [ 1:01-m -259 ] (gab)
2001-04-23 3 0 Detention - Miscellaneous Motion to detain defendant without bail as to Vanessa Barut [ 1:01-m -259 ] (gab)
2001-04-23 4 0 Financial Affidavit - CJA23 FINANCIAL Affidavit as to Vanessa Barut [ 1:01-m -259 ] (gab)
2001-04-24 5 0 Miscellaneous Document APPLICATION Regarding Custody as to Vanessa Barut (SEALED) [ 1:01-m -259 ] (gab)
2001-04-23 6 0 Minutes - Miscellaneous EP: MINUTES: INITIAL APPEARANCE of Vanessa Barut ; ,deft. present. Deft. sworn to financial affidavit. oral motion for court appointed attorney granted. ; detention hearing set for 10:00 4/27/01 BMK for Vanessa Barut ; preliminary exam set for 10:00 5/7/01 for Vanessa Barut before Mag Judge Kevin S. Chang deft. remanded, ; Vanessa Barut Attorney Thomas Muehleck, Richard D. Gronna present ( Ct Rptr: TAPE) by Mag Judge KURREN [ 1:01-m -259 ] (gab)
2001-04-23 7 0 Order of Detention ORDER of Temporary Detention Pending Hearing Pursuant to Bail Reform Act as to Vanessa Barut by Mag Judge Barry M. Kurren [ 1:01-m -259 ] (gab)
2001-04-25 8 0 Service - Miscellanous RETURN on Clerks Temporary Commitment - exec by USM - 4/23/01 as to defendant Vanessa Barut [ 1:01-m -259 ] (gab)
2001-04-25 9 0 Miscellaneous Document ORDER Regarding Custody as to Vanessa Barut signed by Mag Judge Barry M. Kurren (SEALED) [ 1:01-m -259 ] (gab)
2001-04-27 10 0 Miscellaneous Document APPLICATION Regarding Custody as to Vanessa Barut (SEALED) [ 1:01-m -259 ] (gab)
2001-04-27 11 0 Minutes - Miscellaneous EP: MINUTES: Detention Hearing-Defendant Present in Custody. Withdrawal and Substitution will be submitted for Court approval. Atty. Myles Breiner is retained Counsel. Court will set Bail for this Defendant. Bail- (7a) Execute a bond in the amount of $15,000 cash and $50,000 property (7b) Comply with pretrial services supervision, and abide by all general and special conditions of release as directed by Pretrial Services. (7c) Maintain or actively seek employment, as directed by Pretrial Services (7g) Do not apply for/obtain a passport. (7h) Travel is restricted to: the island of Oahu (7j) Maintain residence with/at: Carol Sojot at 1227 Matlock Avenue, Honolulu, Hi (7s) You are prohibited from possessing or having access to any firearm, destructive device or other dangerous weapon. Immediately surrender all firearms, destructive devices and other dangerous weapons 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. (7v) Submit to drug detection testing and/or treatment as directed 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. Other conditions: The defendant is placed in the Third Party Custodianship of Carol Sojot. The Defendant have no association with Co -Defendants. Govt's Oral Motion to stay Bail-Granted. Bail will be stayed until Monday, 04-30-2001-by 9:00 a.m. Vanessa Barut Attorney Thomas Muehleck, Myles Breiner, Richard D. Gronna present ( Ct Rptr: TAPE) by Mag Judge KURREN [ 1:01-m -259 ] (gab)
2001-04-30 12 0 Order on Motion to Substitute Attorney WITHDRAWAL, SUBSTITUTION and ORDER: Attorney Myles S. Breiner replacing attorney Richard D. Gronna for Vanessa Barut by Judge KURREN [ 1:01-m -259 ] (gab)
2001-04-30 13 0 Miscellaneous Document ORDER Regarding Custody as to Vanessa Barut signed by Mag Judge Barry M. Kurren (SEALED) [ 1:01-m -259 ] (gab)
2001-05-02 43 0 Indictment EP: INDICTMENT by USA Counts filed against Falaniko Uti (1) count(s) 1, 5, 6, 7, Alfredo Sepulveda (2) count(s) 1, Fernando Gutierrez (3) count(s) 1, Joseph Pajardo (4) count(s) 1, 6, 8, 10, Osovale Atapuai (5) count(s) 1, 2-4, Joe Sappa (6) count(s) 1, 9, Vanessa Barut (7) count(s) 1, 10; PS ordered ( Judith Powers ) by Mag Judge CHANG (gab) 2010-02-15 02:12:35 c2eba9c68b417b42df3dc4833db741bf5137bce2
2001-05-03 50 0 Summons Issued PS issued as to Vanessa Barut ; arraignment set for 10:00 5/7/01 for Vanessa Barut before Mag Judge Kevin S. Chang (gab)
2001-05-03 53 0 Order on Motion to Substitute Attorney WITHDRAWAL, SUBSTITUTION and ORDER: Attorney W. Anthony Willoughby & David Klein replacing attorney Daniel T. Pagliarini for Alfredo Sepulveda by Judge KURREN (gab)
2001-05-03 54 0 Order on Motion to Substitute Attorney WITHDRAWAL, SUBSTITUTION and ORDER: Attorney John Y. Lee & Reginald P. Minn replacing Samuel P. King Jr. for deft. Fernando Gutierrez by Judge KURREN (gab)
2001-05-07 67 0 Summons Returned Executed PS executed on 5/7/01 as to Vanessa Barut (sealed) Modified on 05/08/2001
2001-05-07 69 0 Minutes - Miscellaneous EP: MINUTES: A & P as to defendant (2) Alfredo Sepulveda, (6) Joe Sappa, (7) Vanessa Barut - Arraignment waived. Pleas of not guilty entered. JT 7-3-01 at 9:00 SOM FPT 6-4-01 at 10:00 LEK mos due 5-29-01 resp due 6-12-01 Custody status to continue. Myles S. Breiner, Richard T. Pafundi, W. Anthony Willoughby, David Klein, Thomas Muehleck present ( Ct Rptr: Tape) by Mag Judge CHANG (gab)
2001-05-09 70 0 Order on Motion to Substitute Attorney WITHDRAWAL, SUBSTITUTION and ORDER: Attorney John R. Remis Jr. replacing attorney Donna Gray for Falaniko Uti by Judge CHANG (gab)
2001-05-18 78 0 Affidavit AFFIDAVIT re Cash Bail or Security, Myles Brenier, Esq. ($ 15,000.00) (gab)
2001-05-21 79 0 Utility - Miscellaneous Penalty Enhancement pursuant to Title 21, United States Code, Sections 841(b)(1)(A) and 851 as to deft. Alfredo Sepulveda (gab)
2001-05-21 80 0 Utility - Miscellaneous Penalty Enhancement pursuant to Title 21, United States Code, Sections 841(b)(1)(A) and 851 as to deft. Fernando Gutierrez (03) (gab)
2001-05-23 81 0 Motion for Forfeiture of Property AGREEMENT TO FORFEIT PROPERTY by defendant Vanessa Barut (gab) Modified on 1/31/2006 (gab, ).
2001-05-23 82 0 Detention - Miscellaneous APPEARANCE BOND ( $15,000.00 cash/$50,000.00 security mortgage) posted by Vanessa Barut signed by Judge KURREN (gab)
2001-05-23 83 0 ORDER Setting Conditions of Release for Vanessa Barut ( $15,000.00 cash/$50,000.00 security mortgage posted ) by Mag Judge Barry M. Kurren (gab)
2001-06-04 86 0 Minutes - Miscellaneous EP: MINUTES:Final Pretrial Conference as to (01) FALANIKO UTI USA v.s (02) ALFREDO SEPULVEDA USA vs. (03) FERNANDO GUTIERREZ USA v.s (04) JOSEPH PAJARDO USA vs. (05) OSOVALE ATAPUAI USA v.s (06) JOE SAPPA USA vs. (07) VANESSA BARUT; Defendant (03) Fernando Gutierrez's Motion to Continue Trial - Defts (01) thru (07) not present, presence waived. Counsel for Deft (06) Richard Pafundi, not present, COP to be scheduled. Deft (01) objects to continuance. Motion Granted. Jury Selection/Trial is continued to 9:00 11/14/01, SOM Final Pretrial Conference set for 10:00 9/24/01, LEK Deft's Motions due 10/1/01 Govt's Response due 10/15/01 The time period from 7/3/01 thru 11/14/01 is excluded from the requirements of the Speedy Trial Act. Motion to Continue Trial is Granted for continuity of counsel and to give counsel adequate time to prepare for trial. Muehleck to prepare Order. Thomas Muehleck (01) John Remis (02) David Klein (03) Reginald Minn (04) Jerry Wilson (05) Richard Wurdeman (06) Richard Pafundi (07) Myles Breiner present ( Ct Rptr: Tape) by Mag Judge KOBAYASHI (gab)
2001-06-05 87 0 Discovery - Miscellaneous Defendant Vanessa Barut's written request for discovery of materials and information pursuant to Rules 12(d)(2), 12.1(b), 16(a), and 26.2 of the Federal Rules of Criminal Procedure, 18 U.S.C. 3500, Brady v. Maryland, and Rules 345-1(a) of the Rules of The United States District Court for the District of Hawaii; certificate of service (gab)
2001-06-13 89 0 Motion for Discovery Notice of Motion and MOTION to compel discovery by defendant Vanessa Barut declaration of counsel; memorandum in support of motion; certificate of service; Motion hearing set for 07/02/01 @ 10:00 a.m.(BMK) (sealed)
2001-06-22 90 0 Miscellaneous Document FINDINGS and RECOMMENDATIONS on CJA Compensation Claim; Richard Gronna, Esq. by Mag Judge Leslie E. Kobayashi re: Vanessa Barut 07 (eps)
2001-06-19 92 0 Order ORDER Setting Trial Date and Tolling Time Under the Speedy Trial Act; Certificate of Service by Mag Judge Leslie E. Kobayashi ; jury trial set for 9:00 11/14/01 ; pretrial conference set for 10:00 9/24/01; Time excluded: 7/3/01 - 11/14/01 for Falaniko Uti, for Alfredo Sepulveda, for Fernando Gutierrez, for Joseph Pajardo, for Osovale Atapuai, for Joe Sappa, for Vanessa Barut (gs)
2001-07-02 93 0 Order ORDER Denying Government's Motion to Disqualify counsel by Mag Judge Leslie E. Kobayashi re [91-1] (sealed)
2001-07-02 94 0 Minutes - Miscellaneous EP: MINUTES: Deft Vanessa Barut's M/Compel Discovery - deft present; Court will view co-defts' statements in camera; Govt will provide statements to the court today re [89-1] ; Vanessa Barut Attorney Thomas Muehleck, Myles S. Breiner present (Ct Rptr: Tape) by Judge Kurren (sealed)
2001-07-06 95 0 Minutes - Miscellaneous EP: MINUTES: Further hearing on M/Compel as to Vanessa Barut - deft's presence waived; M/Compel granted in part; Muehleck to produce court ordered un-redacted portion [89-1]; Vanessa Barut, USA Attorney Thomas Muehleck, Myles S. Breiner present ( Ct Rptr: Tape) by Mag Judge Kurren (gs)
2001-07-10 96 0 Miscellaneous Document MORTGAGE as to deft. Vanessa Ann Barut in the amount of $ 50,000.00; address of property- 94-1054 Kamiki Street, Waipahu, HI 96797; title of owner- Edwin Vallesteros Barut & Vanessa Ann Barut (gab)
2001-07-10 97 0 Affidavit AFFIDAVIT of Sureties as to Vanessa Barut - property 94-1053 Kamiki Street, Waipahu, Hawaii 96797 (gab)
2001-07-12 98 0 Notice of Hearing NOTICE of hearing setting hearing on ; withdrawal of not guilty plea and to plead anew is set for Thursday, 11:00 7/19/01 for Joe Sappa before Judge CHANG (gab)
2001-07-12 99 0 CJA 20 - Authorization to Pay CJA Form 20 (Attorney Payment Voucher# 10712000202) by Attorney Richard D. Gronna as to Vanessa Barut in the amount of $187.50 by Judge KURREN (sealed)
2001-07-18 104 0 Motion to Compel Notice of Motion and MOTION to compel discovery by defendant Vanessa Barut declaration of cousnel; certificate of service; Motion hearing set for 08/07/01 @ 3:00 p.m. (KSC) (gab)
2001-07-19 105 0 Motion to Suppress Notice of Motion and MOTION to suppress pre and post examination statements given on 05/30/01 by defendant Vanessa Barut memorandum in support of motion; exhibit a; declaration of counsel; certificate of service; Motion hearing set for 09/10/01 @ 8:30 a.m. (SOM) (gab)
2001-07-25 106 0 Motion to Compel Notice of Motion and MOTION to compel discovery by defendant Vanessa Barut declaration of counsel; certificate of service; Motion hearing set for 08/07/01 @ 3:00 p.m. (KSC) (gab)
2001-08-07 107 0 Minutes - Miscellaneous EP: MINUTES: Defendant 07 Barut's Second and Third Motions to Compel - deft present. As to the Second M/Compel - GRANTED in part as to 3a, 3c, 3d and DENIED w/o prejudice as to 3b. As to the Third M/Compel - DENIED w/o prejudice. Parties may seek review with Judge Kurren re Pajardo's statement re redaction and production. Breiner to prepare order. Vanessa Barut Attorney Myles S. Breiner, Thomas Muehleck present ( Ct Rptr: TAPE C4 804) by Mag Judge CHANG (gab)
2001-08-08 108 0 Order Acceptance of Plea of Guilty, Adjudication of Guilt and notice of sentencing by Judge Susan O. Mollway as to deft. Joe Sappa [103-1] (cc: all counsel) (gab)
2001-08-08 109 0 Supplemental DECLARATION of Myles S. Breiner as to defendant Vanessa Barut regarding testimony sought from special agents Niederhofer, Rothermund and Watson for Defendant's motion to suppress preand post examination statements given on May 30, 2001; certificate of service (gab)
2001-08-09 110 0 Motion to Sever Defendant Notice of Motion and MOTION to sever by defendant Vanessa Barut memorandum of law in support of motion to sever; declaration of counsel; certificate of service; Motion hearing set for 08/29/01 @ 10:00 a.m. (KSC) (gab)
2001-08-22 111 0 Response in Opposition United States' MEMORANDUM regarding defendant Vanessa Barut's motion to sever; certificate of service (gab)
2001-08-22 112 0 Order ORDER by Mag Judge Kevin S. Chang granting in part and denying in part defendant's second motion to compel discovery by defendant Vanessa Barut [106-1] (gab)
2001-08-28 113 0 Miscellaneous Document Ex parte application for writ of Habeas Corpus Ad Testificandum; declaration of counsel; proposed order issuing writ of habeas corpus ad testificandum by Vanessa Barut (07)(SEALED) (gab)
2001-08-28 114 0 Miscellaneous Document Ex parte application for writ of Habeas Corpus Ad Testificandum; declaration of counsel; proposed order issuing writ of habeas corpus ad testificandum by Vanessa Barut (07)(SEALED) (gab)
2001-08-28 115 0 Miscellaneous Document Ex parte application for writ of Habeas Corpus Ad Testificandum; declaration of counsel; proposed order issuing writ of habeas corpus ad testificandum by Vanessa Barut (07)(SEALED) (gab)
2001-08-28 116 0 Miscellaneous Document Ex parte application for writ of Habeas Corpus Ad Testificandum; declaration of counsel; proposed order issuing writ of habeas corpus ad testificandum by Vanessa Barut (07)(SEALED) (gab)
2001-08-28 117 0 Miscellaneous Document Ex parte application for writ of Habeas Corpus Ad Testificandum; declaration of counsel; proposed order issuing writ of habeas corpus ad testificandum by Vanessa Barut (07)(SEALED) (gab)
2001-08-28 118 0 Miscellaneous Document Ex parte application for writ of Habeas Corpus Ad Testificandum; declaration of counsel; proposed order issuing writ of habeas corpus ad testificandum by Vanessa Barut (07)(SEALED) (gab)
2001-08-28 119 0 Order Order Granting a writ of habeas corpus ad testificandum by Judge Mollway as to deft. Vanessa Barut (07) (SEALED) (gab)
2001-08-28 120 0 Writ of Habeas Corpus ad Prosequendum Issued WRIT of Habeas Corpus AD TESTIFICANDUM issued (SEALED) (gab)
2001-08-28 121 0 Order Order Granting a writ of habeas corpus ad testificandum by Judge Mollway as to deft. Vanessa Barut (07) (SEALED) (gab)
2001-08-28 122 0 Writ of Habeas Corpus ad Prosequendum Issued WRIT of Habeas Corpus AD TESTIFICANDUM issued (SEALED) (gab)
2001-08-28 123 0 Order Order Granting a writ of habeas corpus ad testificandum by Judge Mollway as to deft. Vanessa Barut (07) (SEALED) (gab)
2001-08-28 124 0 Writ of Habeas Corpus ad Prosequendum Issued WRIT of Habeas Corpus AD TESTIFICANDUM issued (SEALED) (gab)
2001-08-28 125 0 Order ing a writ of habeas corpus ad testificandum by Judge Mollway as to deft. Vanessa Barut (07) (SEALED) (gab)
2001-08-28 126 0 Writ of Habeas Corpus ad Prosequendum Issued WRIT of Habeas Corpus AD TESTIFICANDUM issued (SEALED) (gab)
2001-08-28 127 0 Order Order Granting a writ of habeas corpus ad testificandum by Judge Mollway as to deft. Vanessa Barut (07) (SEALED) (gab)
2001-08-28 128 0 Writ of Habeas Corpus ad Prosequendum Issued WRIT of Habeas Corpus AD TESTIFICANDUM issued (SEALED) (gab)
2001-08-28 129 0 Order Order Granting a writ of habeas corpus ad testificandum by Judge Mollway as to deft. Vanessa Barut (07) (SEALED) (gab)
2001-08-28 130 0 Writ of Habeas Corpus ad Prosequendum Issued WRIT of Habeas Corpus Ad AD TESTIFICANDUM issued (SEALED) (gab)
2001-08-28 131 0 Response to Motion United States' RESPONSE to Defendant Vanessa Barut's Motion to Suppress statements and to defense counsel's supplemental declaration regarding testimony from Drug enforcement administration (DEA) agenst; certificate of service [105-1] (gab)
2001-08-29 132 0 Minutes - Miscellaneous EP: MINUTES: Defendant 07- Vanessa Barut's motion to sever - denied. [110-1]; Muehleck to prepare oder. All defendants' presence waived. Thomas Muehleck 01 John Remis, 02 Remis for David Klein, 03 Remis for Reginnald Minn, 04 Breiner for Wilson, 05 Richard Wurderman, 06 none 07 Myles Breiner present ( Ct Rptr: Tape C5 816) by Mag Judge CHANG (gab)
2001-08-30 133 0 Ex Parte Motion and order EX PARTE MOTION to file ex parte applications for writ of habeas corpus ad testificandum filed 08/28/01, under seal; declaration of counsel; Order granting ex parte motion to file ex parte applications for writ of habeas corpus ad testificandum by Judge Susan O. Mollway by defendant Vanessa Barut filed 08/28/01; under seal (SEALED) (gab) Modified on 09/05/2001
2001-08-31 134 0 Order ORDER by Mag Judge Kevin S. Chang denying motion to sever by defendant Vanessa Barut [110-1]; certificate of service (gab)
2001-09-04 135 0 Witness List WITNESS list by defendant Vanessa Barut for defendant's motion to suppress pre and post examination statements given on 05/30/01 (gab)
2001-09-10 136 0 Minutes - Miscellaneous EP: MINUTES: Motion to Suppress Pre and Post-Examination Statements Given on 5/30/01 - Defendant (07) Vanessa Barut present. Defendant's oral motion to exclude agent Michael Rothermund until he is called as a witness - Denied. Defendant's Exhibits Admitted: B, C (equivalent to government's E and F), A. Defendant's Witnesses: Janice Niederhofer CST. Mr. Breiner requests to continue this hearing in order to file a supplemental memorandum - Granted. Mr. Breiner to file the supplemental memorandum by 9/17/01. Government to file a response in accordance with local rules. This motion is continued to 11/2/01 @ 1:30 p.m. SOM.; Vanessa Barut, Michael Rothermund (DEA), Janice Niederhofer (DEA), Attorney Myles S. Breiner, Thomas Muehleck present ( Ct Rptr: Debra Chun) by Judge MOLLWLAY (gab)
2001-09-12 137 0 Notice of Hearing NOTICE of hearing setting hearing on continued hearing on defendant's motion to suppress pre and post examination statements given on 5/30/01 set for 11/2/01 @ 1:30 p.m. SOM is continued to 11/9/01 @ 1:30 p.m. SOM as to Vanessa Barut before Judge MOLLWAY (gab)
2001-09-12 138 0 Second Supplemental DECLARATION by attorney Myles S. Breiner regarding testimony sought from special agenst Niederhofer, Rothermund and Watson for defendant's motion to suppress pre and post-examination statements given on May 30, 2001 as to defendant Vanessa Barut; certificate of service (gab)
2001-09-14 139 0 Order EX PARTE MOTION to shorten tim to hear motion to continue trial; declaration of counsel; Order granting ex parte motion to shorten time to hear motion to continue trial by Mag Judge Leslie E. Kobayashi by defendant Vanessa Barut; certificate of service (gab) Modified on 09/18/2001
2001-09-14 140 0 Motion to Continue Notice of Motion and MOTION to continue trial by defendant Vanessa Barut declaration of counsel; memorandum in support of motion; certificate of service; Motion hearing set for 09/21/01 @ 10:00 a.m. (LEK) (gab)
2001-09-17 141 0 Motion to Suppress Notice of Motion and Supplemental MOTION to suppress pre and post examination statements given on May 30, 2001 by defendant Vanessa Barut supplemental memorandum in support of motion; declaration of counsel; certificate of service; Motion hearing set for 11/09/01 @ 1:30 p.m. (SOM) (gab)
2001-09-20 142 0 Motion to Continue Notice of Motion and MOTION to continue trial by USA as to Vanessa Barut certificate of service; Motion hearing set for 09/21/01 @ 10:00 a.m. (LEK) (gab)
2001-09-21 143 0 Minutes - Miscellaneous EP: MINUTES: Defendant's Motion to Continue Trial - Defendant present, not in custody. Also present Richard Wurdeman for Deft (05) Osovale Atupuai, John R. Remis, Jr. for Deft (01) Falaniko Uti, Reginald Minn for Deft (03) Fernando Guiterrez. No position by other defts. Oral Motion to Withdraw Motion Granted. Vanessa Barut Attorney Myles S. Breiner, Thomas Muehleck present ( Ct Rptr: Tape 1729 C-335) by Mag Judge KOBAYASHI (gab)
2001-09-21 144 0 Miscellaneous Document NOTICE by defendant Vanessa Barut of withdrawing motion to continue trial, filed 09/14/2001; certificate of service [140-1] (gab)
2001-09-24 145 0 Minutes - Miscellaneous EO: MINUTES ; final pretrial conf set for 10:00 9/24/01 is continued to 10:00 10/15/01 KSC for Falaniko Uti, for Alfredo Sepulveda, for Fernando Gutierrez, for Joseph Pajardo, for Osovale Atapuai, for Vanessa Barut by Mag Judge CHANG (gab)
2001-10-02 151 0 Notice of Hearing NOTICE of hearing setting hearing onsetting hearing on motion to suppress evidence by defendant Alfredo Sepulveda set for 10/19/01 @ 9:00 a.m. SOM is continued to 1:30 10/25/01 before Judge MOLLWAY (gab)
2001-10-10 155 0 Indictment EP: SUPERSEDING INDICTMENT by USA; naming Falaniko Uti, Alfredo Sepulveda, Fernando Gutierrez, Joseph Pajardo, Osovale Atapuai, Vanessa Barut counts filed against Falaniko Uti (1) count(s) 1s, 5s-7s, Alfredo Sepulveda (2) count(s) 1s, Fernando Gutierrez (3) count(s) 1s, Joseph Pajardo (4) count(s) 1s, 8s, Osovale Atapuai (5) count(s) 1s, 2s-4s, Vanessa Barut (7) count(s) 1s, 9s ordered ( Marjann Shawler) by Mag Judge CHANG (gab) 2010-02-15 02:12:23 f59beeb88950f0b91c88667413c7bc6ac5c4c481
2001-10-10 156 0 Response in Opposition United States MEMORANDUM regarding motion to sever by defendant Fernando Gutierrez [149-1] ; certificate of service (gab)
2001-10-10 157 0 Response in Opposition United States opposition to motion to suppress by defendant Fernando Gutierrez [150-1]; certificate of service (gab)
2001-10-10 158 0 Response in Opposition United States opposition to defendant Fernando Gutierrez motion to dismiss; certificate of service (gab)
2001-10-11 159 0 Response/Reply - Miscellaneous Government's REPLY to defendant's motion to strike allegation of drug quantity and/or dismiss counts of indictment; exhibit a; certificate of service (gab)
2001-10-12 160 0 Response in Opposition United States' MEMORANDUM regarding defendant Alfredo Sepulveda's motion to sever; certificate of service (gab)
2001-10-12 161 0 Response in Opposition United States' opposition to motion to suppress by defendant Alfredo Sepulveda [147-1]; certificate of service (gab)
2001-10-11 167 0 Summons Issued PS issued as to Vanessa Barut ; arraignment set for 10:00 10/15/01 for Vanessa Barut before Mag Judge Kevin S. Chang (gab)
2001-10-12 168 0 Notice of Hearing NOTICE of hearing setting hearing on Defendant Sepulveda's motion to suppress evidence set for 10/25/01 @ 1:30 p.m. SOM is continued to 11/2/01 @ 1:30 p.m. SOM. before Judge MOLLWAY; notified: Thomas Muehleck, W. Anthony Willoughby. Mr. Willoughby to prepare an amended notice of hearing. (gab)
2001-10-16 174 0 Minutes - Miscellaneous EP: MINUTES: Final PreTrial Conference and A & P as to First Superseding Indictment-Defendants (01) Falaniko Uti, (02) Alfredo Sepulveda, (03) Fernando Gutierrez, (04) Joseph Pajardo & (05) Osovale Atapuai-Present in Custody. Defendant (07) Vanessa Barut-Present Not in Custody. Arrn. Waived as to All Defendants. Plea of Not Guilty entered as to Defendants (01) Uti, (02) Alfredo Sepulveda, (03) Fernando Gutierrea, (04) Joseph Pajardo, (05) Osovale Atapuai and (07) Vanessa Barut. Present Trial Date of November 14, 2001 is to remain the same. Final PreTrial Conference as to all Defendants continued to October 29, 2001 @l0:00 a.m. before Judge Kurren. (01) Falaniko Uti, (02) Alfredo Sepulveda, (03) Fernando Gutierrez (04) Joseph Pajardo, (05) Osovale Atapuai & (07) Vanessa Barut; Thomas Muehleck (01) John Remis, (02) David Klein, (03) Reginald Minn, (04) Jerry Wilson, (05) Richard Wurdeman and (07Valerie Vargo for Myles Breiner present ( Ct Rptr: ESR) by Mag Judge CHANG (gab)
2001-10-19 175 0 Summons Returned Executed PS executed on 10/12/01 as to Vanessa Barut - RRR 10/16/01 (gab)
2001-10-23 178 0 Order ORDER by Judge Susan O. Mollway denying defendant Alfredo Supulveda's motion to strike surplusage and/or to dismiss counts 1 and 2 of the Indictment and denying joinders therein [152-1]; exhibit a (cc: all counsel) (fe)
2001-10-29 183 0 Minutes - Miscellaneous EP: MINUTES: Defendant 03 Fernando Gutierrez's M/Continue Trial - deft 07 Barut present. All other defts' presence waived. Motion GRANTED. New dates given: Final Pretrial Conference 2-4-02 @ 10, BMK. JS/JT 3-5-02 @ 9, SOM. Motions due 1-8-02. Response due 1-22-02. Muehleck to prepare order excluding time from 11-14-01 thru 3-5-02 to allow defense counsel appropriate time to prepare for trial. 01 Uti, 02 Sepulveda, 03 Gutierrez, 04 Pajardo, 05 Atapuai, 07 Barut; Thomas Muehleck 01 John Remis, 02 David Klein, 03 Reginald Minn, 04 Jerry Wilson, 05 Richard Wurdeman, 07 Denise Sangster for Myles Breiner present ( Ct Rptr: C6 Tape 1183) by Mag Judge KURREN (gab)
2001-11-09 187 0 Minutes - Miscellaneous EP: MINUTES: Continued Hearing on Motion to Suppress Pre and Post-Examination of Statements Given on 5/30/01; Defendant (07) Vanessa Barut's Supplemental Motion to Suppress Pre and Post-Examination Statements Given on 5/30/01 - Defendant (07) Vanessa Barut present. Defendant's Witnesses: Janice Neiderhofer (resumed); Michael Rothermund CST, and Vanessa Barut CST. Court questions the Ms. Barut about her decision to testify. Defendant's Admitted Exhibits: G (transcript of hearing held on 9/10/01). Arguments. Court takes the motions under advisement and will issue a written decision. ; Vanessa Barut, Michael Rothermund (DEA), Attorney Myles S. Breiner, Thomas Muehleck present ( Ct Rptr: Debra Chun) Judge MOLLWAY (gab)
2001-11-14 188 0 Order ORDER granting defendant Fernando Gutierrez's motion to continue trial and tolling time from computation under the speedy trial act by Mag Judge Barry M. Kurren; certificate of service ; jury trial set for 9:00 3/5/02 for Falaniko Uti, for Alfredo Sepulveda, for Fernando Gutierrez, for Joseph Pajardo, for Osovale Atapuai, for Vanessa Barut ; pretrial conference set for 10:00 2/4/02 for Falaniko Uti, for Alfredo Sepulveda, for Fernando Gutierrez, for Joseph Pajardo, for Osovale Atapuai, for Vanessa Barut , time excluded from 11/14/01 to 3/5/02 (gab)
2001-11-14 189 0 Order Amended ORDER by Mag Judge Barry M. Kurren denying motion to sever by defendant Uti [148-1], denying motion to sever defendants by defendant Fernando Gutierrez [149-1] certificate of service (gab)
2001-11-16 190 0 Notice of Hearing NOTICE of hearing setting hearing on ; sentencing as to Count 1 of the Indictment set for 12/10/01 @ 3:00 p.m. SOM is continued to 3:45 3/25/02 for Joe Sappa before Judge MOLLWAY; notified: Thomas Muehleck, Richard Pafundi; Mr. Pafundi to prepare the stipulation. (gab)
2001-11-27 191 0 Order ORDER Granting in part and Denying in part defendant's motion to suppress by Judge Susan O. Mollway [141-1] (gs)
2001-12-04 192 0 Miscellaneous Document FINDINGS and RECOMMENDATIONS on CJA Compensation Claim by Mag Judge Kevin S. Chang - Daniel T. Pagliarini, Esq. $682.50 as to deft. Alfredo Sepulveda (gab)
2002-01-07 196 0 Order on Motion to Substitute Attorney WITHDRAWAL, SUBSTITUTION and ORDER: Attorney Glenn D. Choy replacing Jerry I. Wilson for deft. Joseph Pajardo (04) by Judge KOBAYASHI (gab)
2002-01-07 197 0 Notice of Hearing NOTICE of hearing setting hearing on ; jury selection/ trial set for 3/5/02 @ 9:00 a.m. SOM is continued to 9:00 3/6/02 for Falaniko Uti, for Alfredo Sepulveda, for Fernando Gutierrez, for Joseph Pajardo, for Osovale Atapuai, for Vanessa Barut before Judge MOLLWAY (gab)
2002-01-10 198 0 Miscellaneous Document NOTICE of Joinder by defendant Vanessa Barut joining motion to dismiss defendant(s) by defendant Fernando Gutierrez [146-1] filed 10/1/01; declaration of counsel; exhibit a; certificate of service (gab)
2002-01-11 199 0 Response to Motion United States' RESPONSE to defendant Vanessa Barut's motion to dismiss; certificate of service (gab)
2002-02-04 201 0 Minutes - Miscellaneous EP: MINUTES: final pretrial conference as to Falaniko Uti, for Alfredo Sepulveda, for Fernando Gutierrez, for Joseph Pajardo, for Osovale Atapuai, for Vanessa Barut; efts 2,3,4,5 presence waived. Hearing cont. to 2/7/02 @ 3:30 p.m. BMK. Minn to notify Myles Breiner. ; Falaniko Uti, Alfredo Sepulveda, Fernando Gutierrez, Joseph Pajardo, Osovale Atapuai, Vanessa Barut Attorney Richard N. Wurdeman, Glenn D. Choy, Reginald P. Minn, David F. Klein, Thomas Muehleck present ( Ct Rptr: C6 Tape 1200) by Mag Judge KURREN (gab)
2002-02-07 202 0 Minutes - Miscellaneous EP: MINUTES: Final Pretrial Conference as to 01 Uti, 02 Sepulveda, 03 Gutierrez, 04 Pajardo, 05 Atapuai, 07 Barut - not held. Defendants' oral request to continue trial granted. New dates given: JS/JT 6-4-02 @ 9, SOM. Final Pretrial Conference 5-6-02 @ 10, BMK. M/Severance may be refiled. Muehleck to prepare order excluding time from 3-6-02 thru 6-4-02 in the interest of justice. Falaniko Uti, Alfredo Sepulveda, Fernando Gutierrez, Joseph Pajardo, Osovale Atapuai, Vanessa Barut. Thomas Muehleck 01 Remis, 02 Willoughby, 03 Lee and Minn, 04 Choy, 05 Wurdeman, 07 Breiner present ( Ct Rptr: no record taken) by Mag Judge KURREN (gab)
2002-02-07 203 0 Minutes - Miscellaneous EP: MINUTES: 1) Defendant Gutierrez's Motion to Dismiss; 2) Defendant Gutierrez's Motion to Suppress Evidence and to Quash and Traverse Search Warrant; 3) Defendant Sepulveda's Motion to Suppress Evidence; 4) Defendant (07) Vanessa Barut's Joinder in Defendant (03) Gutierrez's Motion to Dismiss, Filed on 10/1/01 - Defendants (02) Alfredo Sepulveda present and in custody; (03) Fernando Gutierrez present and in custody; (07) Vanessa Barut present. Defendant Gutierrez's Motion to Suppress Evidence and to Quash and Traverse Search Warrant; Defendant Sepulveda's Motion to Suppress Evidence - Government Witness: James Yuen CST. Government's Exhibit Admitted: A (Affidavit of Agent Rothermund) over objection. Arguments. Defendant (02) Sepulveda's Oral Motion to Dismiss; Joinder by (03) Gutierrez in the Motion to Dismiss - taken under advisement. Defendant Gutierrez's Motion to Suppress Evidence and to Quash and Traverse Search Warrant; Defendant Sepulveda's Motion to Suppress Evidence - taken under advisement. Defendant Gutierrez's Motion to Dismiss; Defendant (07) Vanessa Barut's Joinder in Defendant (03) Gutierrez's Motion to Dismiss, Filed on 10/1/01 - Arguments. Defendant Gutierrez's Motion to Dismiss - Denied. Defendant (02) Sepulveda's Oral Motion to Dismiss; Joinder by (03) Gutierrez in the Motion to Dismiss - Denied. Court to issue a written ruling. Mr. Willoughby orally request for a continuance of trial. No objection by any party. Parties are instructed see Magistrate Kurren after this hearing to address this issue. A Pretrial Conference was scheduled for 3:30 p.m. today. Alfredo Sepulveda, Fernando Gutierrez, Vanessa Barut. Thomas Muehleck James Yuen (DEA) (02) W. Anthony Willoughby (02) David Klein (03) John Lee (03) Reginald Minn (04) Glenn Choy (01) John Remis (07) Myles Breiner present ( Ct Rptr: Debra Chun) by Judge MOLLWAY (gab)
2002-02-08 204 0 Order ORDER by Judge Susan O. Mollway denying Fernando Gutierrez's motion to dismiss and defendant Vanessa Barut's joinder therein [146-1] (cc: all counsel) (sealed)
2002-02-11 205 0 Order ORDER by Judge Susan O. Mollway denying defendants Alfredo Sepulveda's and Fernando Gutierrez's motions to suppress (cc: all counsel) (sealed)
2002-02-12 206 0 Motion to Compel Notice of Motion and MOTION to compel discovery by defendant Vanessa Barut declaration of counsel; certificate of service; Motion hearing set for 3/7/02 @ 10:00 a.m. (LEK) (gab)
2002-02-15 207 0 Notice of Hearing NOTICE of hearing setting hearing on sentencing as to Count 1 of the Indictment set for 3/25/02 @ 3:45 p.m. SOM is continued to 6/17/02 @ 3:45 p.m. SOM for Joe Sappa notifed: Thomas Muehleck, Richard Pafundi. Mr. Pafundi to prepare the stipulation; before Judge MOLLWAY (gab)
2002-02-05 208 0 Miscellaneous Document FINDINGS and RECOMMENDATIONS on CJA Compensation Claim - Jerry Wilson, Esq. as to deft Joseph Pajardo by Mag Judge Kevin S. Chang (sealed)
2002-02-19 209 0 Order ORDER granting defendant Alfredo Sepulveda's motion to continue trial and tolling time from computation under the Speedy Trial Act by Mag Judge Barry M. Kurren; certificate of service ; jury trial set for 9:00 6/4/02 for Falaniko Uti, for Alfredo Sepulveda, for Fernando Gutierrez, for Joseph Pajardo, for Osovale Atapuai, for Vanessa Barut ; pretrial conference set for 10:00 5/6/02 for Falaniko Uti, for Alfredo Sepulveda, for Fernando Gutierrez, for Joseph Pajardo, for Osovale Atapuai, for Vanessa Barut , time excluded from 3/5/02 to 6/4/02 (gab)
2002-03-01 212 0 Response to Motion RESPONSE by plaintiff USA to defendant Barut's fourth motion to compel discovery [206-1]; exhibits 1 & 2; certificate of service (gab)
2002-03-05 213 0 Response in Opposition United States' opposition to defendant's motion to reconsider Detention by defendant Joseph Pajardo [211-1]; certificate of service (gab)
2002-03-07 214 0 Minutes - Miscellaneous EP: MINUTES: Defendant (07) Vanessa Barut's Fourth Motion to Compel Discovery; Defendant (04) Joseph Pajardo's Joinder in Motion to Compel - Deft (04) Joseph Pajardo present in custody. Deft (07) Vanessa Barut not present, presence waived. Arguments heard. Supplemental Memorandums to be submitted by Monday, 3/11/02 by 4:00 p.m. Court to issue Order thereafter. Defendant (04) Joseph Pajardo's Motion For Reconsideration of Detention Order - Arguments heard. Motion Denied. Deft (04) Joseph Pajardo remanded to the custody of the U.S. Marshal. Joseph Pajardo, Vanessa Barut Attorney Myles S. Breiner, Glenn D. Choy, Thomas Muehleck present ( Ct Rptr: FTR CD3 Courtroom 7) by Judge KOBAYASHI (gab)
2002-03-08 215 0 Response in Support Supplemental MEMORANDUM in support of defendant Barut's motion to compel discovery by defendant Vanessa Barut [206-1] ; certificate of service (gab)
2002-03-11 216 0 Response in Support United States' MEMORANDUM regarding defendant's demand for Agent's reports (gab)
2002-03-13 217 0 Minutes - Miscellaneous EO: MINUTES Regarding Defendant (07) Vanessa Barut's Fourth Motion to Compel Discovery: "The Court having received the supplemental memorandum from Defendant Vanessa Barut ("Defendant") on March 8, 2002, and from the United States of America ("United States") on March 11, 2002, hereby DENIES IN PART and GRANTS IN PART Defendant's Fourth Motion to Compel Discovery. Defendant was previously provided, pursuant to a prior motion to compel, the redacted statement given by a co-defendant that exculpates Defendant. In her current motion, Defendant seeks notes, agent's reports and other written evidence regarding the co-defendant's interrogations subsequent to his original statement exculpating Defendant in which this co-defendant allegedly refused to recant his original statement. To the extent that the co-defendant gave any statement in these interrogations which exculpates Defendant, the Motion is GRANTED. A statement by the co-defendant includes any written or recorded documentation of co-defendant's statement exculpating Defendant, e.g., notes, memoranda, reports. In this circuit, the notes of law enforcement officers concerning a defendant's statement are themselves discoverable if the statement is discoverable. See, U. S. v. Harris, 543 F.2d 1247, 1250 (9th Cir. 1976). Defendant is entitled to any evidence exculpating her. See, Brady v. Maryland, 373 U.S. 83, 1179, 83 S.Ct. 1194, 1196-1197 (1963). ("We now hold that the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment ...."). If such documentation exists, it shall be furnished to Defendant no later than March 20, 2002. The Motion is DENIED in all other respects." by Mag Judge KOBAYASHI (gab)
2002-03-15 218 0 Order ORDER by Mag Judge Leslie E. Kobayashi granting in part and denying in part defendant's Fourth motion to compel discovery by defendant Vanessa Barut [206-1] (gab)
2002-03-28 219 0 Minutes - Miscellaneous EO: MINUTES The Court having received a letter dated March 20, 2002 from Myles Breiner, Esq., counsel for Defendant Vanessa Barut ("Defendant Barut"), and a letter dated March 27, 2002 from Glenn Choy, Esq., counsel for Defendant Joseph Pajardo ("Defendant Pajardo") in which both request that the Court order the United States to submit the materials in issue for an in camera inspection. The United States has not expressed a position regarding this request. The Court HEREBY ORDERS the United States to submit a letter by no later than April 1, 2002 setting forth its position and response to Defendant Barut and Defendant Pajardo's request, with a copy of its letter to all counsel. With regard to Defendant Pajardo's request for production of documents in an unredacted form, Defendant Pajardo's counsel is directed to meet and confer with the United States' counsel and, if an agreement cannot be obtained after a good faith effort to resolve this dispute, then to file the appropriate motion. IT IS SO ORDERED by Mag Judge Kobayashi (gs)
2002-04-02 220 0 Order on Motion to Substitute Attorney WITHDRAWAL and SUBSTITUTION of Counsel for Defendant Alfredo Sepulveda and ORDER: Attorney Pamela O'Leary Tower, Earle A. Partington replacing attorney W. Anthony Willoughby for Alfredo Sepulveda by Judge Chang (gs)
2002-04-02 221 0 Motion for Miscellaneous Relief Notice of Motion; MOTION to extend pretrial motions deadline; Declaration of counsel; Certificate of Service by defendant Vanessa Barut Motion hearing set for 4/8/02 @ 11:00 a.m., KSC (gs)
2002-04-04 223 0 Minutes - Miscellaneous EO: MINUTES motion to extend pretrial motions deadline by defendant Vanessa Barut [221-1] continued from 4/8/02 11:00 a.m. to ; 10:00 4/15/02; Myles Breiner's office to file an amended notice; by Mag Judge Kevin S.C. Chang (gab)
2002-04-05 224 0 Notice of Hearing NOTICE of hearing setting hearing onsetting hearing on motion to extend pretrial motions deadline [221-1] set for 10:00 4/15/02 by Vanessa Barut before Judge CHANG; certificate of service (gab)
2002-04-09 225 0 Response in Opposition United States' opposition to extend pretrial motions deadline; certificate of service (gab)
2002-04-16 229 0 Motion for Miscellaneous Relief Notice of Motion and MOTION to extend pretrial motions deadline by defendant Vanessa Barut declaration of counsel; certificate of service; Motion hearing set for 04/22/02 @ 10:00 a.m. (KSC) (gab)
2002-04-15 232 0 Minutes - Miscellaneous EP: MINUTES: Defendant 07 Vanessa Barut's Motion to Extend Pretrial Motions Deadline - denied without prejudice. Defendant Joseph Pajardo's Joinder - denied without prejudice. Vanessa Barut, Thomas Muehleck 02 Pamela Tower and Earle Partington, 03 Darwin Ching for Reginald Minn, 04 Glenn Choy, 05 Darwin Ching for Richard Wurdeman, 07 Myles Breiner present ( Ct Rptr: Tape C5 ESR) by Judge Kevin Chang (sealed)
2002-04-17 234 0 Response in Opposition United States' opposition to motion to extend pretrial motions deadline as to defendant Vanessa Barut [229-1]; attachment 1; certificate of service (gab)
2002-04-18 235 0 Order ORDER by Mag Judge Kevin S. Chang denying defendant Vanessa Barut's motion to extend pretrial motions deadline; Certificate of Service (gab)
2002-04-23 237 0 Motion to Dismiss Notice of Motion and MOTION to dismiss for outrageous government conduct by defendant Vanessa Barut memorandum in support; declaration of counsel; declaration of Joseph Parjardo; exhibit a; certificate of service; Motion hearing set for 05/20/02 @ 10:30 a.m. (SOM) (gab)
2002-04-23 238 0 Motion to Dismiss Notice of Motion and MOTION to dismiss for violation of FRCP Rule 16 and Brady, or in the alternative motion to suppress evidence by defendant Vanessa Barut memorandum in support; declaration of counsel; exhibits a-c; certificate of service; Motion hearing set for 05/20/02 @ 10:30 a.m. (SOM) (gab)
2002-04-22 239 0 Minutes - Miscellaneous EP: MINUTES: Defendant 07 Vanessa Barut's Motion to Extend Pretrial Motions Deadlines - granted. Extended to 4-26-02, Defendant 04 Joseph Pajardo present. Defendants 07 Vanessa Barut, 05 Osovale Atapuai, and 02 Alfredo Sepulveda not present [229-1]; Joseph Pajardo, USA Attorney Thomas Muehleck, Pamela O'Leary Tower, Myles S. Breiner, Richard N. Wurdeman, Glenn D. Choy present ( Rptr: C5 Tape #883) by Judge Kevin S. Chang (bbb)
2002-04-24 240 0 Order ORDER granting Defendant Barut's motion to extend pretrial motions deadline by Mag Judge Kevin S. Chang (bbb)
2002-04-30 243 0 Notice of Hearing NOTICE of hearing setting hearing onsetting hearing on motion to dismiss for violation of FRCP Rule 16 and Brady, or in the alternative motion to suppress evidence by defendant Vanessa Barut [238-1] 1:30 5/9/02, setting hearing on motion to dismiss for outrageous government conduct by defendant Vanessa Barut [237-1] 1:30 5/9/02 before Judge Susan Oki Mollway (sealed)
2002-04-30 244 0 Miscellaneous Document NOTICE of Joinder by defendant Vanessa Barut joining motion to continue trial and to extend pre-trial motions deadline by defendant Alfredo Sepulveda [228-1] filed 4/15/02; certificate of service (sealed)
2002-04-30 245 0 Miscellaneous Document NOTICE of Joinder by defendant Vanessa Barut joining motion to compel discovery by defendant Joseph Pajardo [241-1] filed 4/26/02; certificate of service (sealed)
2002-05-01 247 0 Miscellaneous Document PETITION by defendant Vanessa Barut to subpoena Assistant U.S. Attorney Thomas Muehleck pursuant to 28 C.F.R. 16.22; declaration of counsel; certificate of service (gab)
2002-05-01 248 0 Supplemental DECLARATION of attorney Myles S. Breiner by defendant Vanessa Barut regarding testimony sought from special agent Michael Rothermund for defendant's motion to dismiss Indictment for outrageous government conduct, filed on 04/23/02; certificate of service (gab)
2002-05-01 249 0 Minutes - Miscellaneous EO: MINUTES motion to have counsel withdraw and appoint new counsel by defendant Joe Sappa [246-1] ; motion hearing set for 3:00 5/8/02 BMK. by Mag Judge Barry M. Kurren (gab)
2002-05-02 252 0 Miscellaneous Document EX PARTE MOTION by defendant Vanessa Barut to subpoena AUSA Thomas Muehleck pursuant to 28 C.F.R. 16.22; declaration of counsel; proposed order granting ex parte motion to subpoena AUSA Thomas Muehleck pursuant to 28 C.F.R. 16.22; certificate of service (gab)
2002-05-02 254 0 Order ORDER by Judge Susan O. Mollway denying ex parte motion to subpoena AUSA Thomas Muehleck pursuant to 28 C.F.R. 16.22; [252-1], [252-2] (cc: all counsel) (gab)
2002-05-06 256 0 Miscellaneous Document EX PARTE Application by defendant Vanessa Barut for writ of habeas corpus ad testificandum; declaration of counsel; proposed order issuing writ of habeas corpus ad testificandum (gab)
2002-05-06 257 0 Witness List Proposed WITNESS and exhibit list by defendant Vanessa Barut for the hearing on defendant's motion to dismiss indictment for outrageous government conduct, filed on 04/23/02 (gab)
2002-05-06 259 0 Minutes - Miscellaneous EP: MINUTES: Defendant 02 Sepulveda's M/Continue Trial and to Extend Pretrial Motions Deadline and Final Pretrial Conference as to 01 Uti, 02 Sepulveda, 03 Gutierrez, 04 Pajardo, 05 Atapuai, 07 Barut - deft 02 Sepulveda present. All other defts' presence waived. Defendant 02 Sepulveda's M/Continue Trial and to Extend Pretrial Motions Deadline - GRANTED with the agreement of this deft. New dates given: JS/JT 10-1-02 @ 9 a.m. SOM. Final Pretrial Conference 9-3-02 @ 2 p.m. LEK. Motions due 7-1-02. Response due 7-15-02. Sheehan to prepare order excluding time from 6-4-02 thru 10-1-02 for continuity of counsel, enable defense counsel appropriate time to prepare and in the interest of justice. Falaniko Uti, Alfredo Sepulveda, Fernando Gutierrez, Joseph Pajardo, Osovale Atapuai, Vanessa Barut Attorney Loretta Sheehan for Thomas Muehleck 01 John Remis Jr., 02 Pamela Tower, 03 Reginald Minn, 04 Glenn Choy, 05 Richard Wurdeman, 07 Myles Breiner present. (Ct Rptr: C6 ESR 1229) by Judge Barry M. Kurren (gab)
2002-05-07 260 0 Response to Motion United States RESPONSE to defendant's motion to dismiss for violations of rule 16 of the Federal Rules of Criminal Procedure and Brady; exhibit 1; certificate of service (gab)
2002-05-08 261 0 Order ORDER by Mag Judge Barry M. Kurren granting writ of habeas corpus ad testificandum; [256-1], and ordering the appearance of Joseph Pajardo at the Hearing on Defendant Barut's Motion to Dismiss Indictment For Outrageour Government Conduct (gab)
2002-05-08 262 0 Writ of Habeas Corpus ad Prosequendum Issued WRIT of Habeas Corpus Ad TESTIFICANDUM issued as to Joseph Pajardo (gab)
2002-05-08 263 0 Response to Motion United States' RESPONSE to Defendant's motion to Dismiss for Outrageous Government Conduct; certificate of service (gab)
2002-05-08 265 0 Notice (Other) NOTICE of intent to refuse to testify by defendant Vanessa Barut; certificate of service (gab)
2002-05-09 266 0 Minutes - Miscellaneous EP: MINUTES: Motion to Dismiss for Outrageous Government Conduct; Motion to Dismiss for Violation of FRCP Rule 16 and Brady, or in the Alternative Motion to Suppress Evidence; Defendant (02) Alfredo Sepulveda Joinder in the Motion to Dismiss for Outrageous Government Conduct; Motion to Dismiss for Violation of FRCP Rule 16 and Brady, or in the Alternative Motion to Suppress Evidence; Defendant (03) Fernando Gutierrez's Joinder in the Motion to Dismiss for Outrageous Government Conduct; Motion to Dismiss for Violation of FRCP Rule 16 and Brady, or in the Alternative Motion to Suppress Evidence; Defendant (01) Falaniko Uti's Joinder in the Motion to Dismiss for Outrageous Government Conduct; Motion to Dismiss for Violation of FRCP Rule 16 and Brady, or in the Alternative Motion to Suppress Evidence; Defendant (04) Joseph Pajardo's Joinder in the Motion to Dismiss for Outrageous Government Conduct; Motion to Dismiss for Violation of FRCP Rule 16 and Brady, or in the Alternative Motion to Suppress Evidence - Defendant (01) Falaniko Uti present and in custody; Defendant (02) Alfredo Sepulveda present and in custody; Defendant (03) Fernando Gutierrez present and in custody; Defendant (04) Joseph Pajardo present and in custody; Defendant (05) Osovale Atapuai is not present, and his presence is waived for purposes of this hearing; Defendant (07) Vanessa Barut present. Discussion held re: waiver of the attorney client privilege as to defendant Joseph Pajardo and his prior attorney Jerry Wilson. The Motion to Dismiss for Outrageous Government Conduct; Motion to Dismiss for Violation of FRCP Rule 16 and Brady, or in the Alternative Motion to Suppress Evidence are both withdrawn without prejudice to refiling at the request of Mr. Breiner. Mr. Muehleck to fax a copy of the government's response to the Motion to Dismiss for Outrageous Government to all defense counsel. Defendants remanded to the custody of the USM. ; Falaniko Uti, Alfredo Sepulveda, Fernando Gutierrez, Joseph Pajardo, Osovale Atapuai, Vanessa Barut; Thomas Muehleck Michael Rothermund (DEA) (01) John Remis (02) Pamela Tower/Earle Partington (03) Reginald Minn (04) Glenn Choy (05) Richard Wurdeman (07) Myles Breiner present ( Ct Rptr: Debra Chun) by Judge Susan Oki Mollway (gab)
2002-05-13 267 0 Response to Motion United States' response to defendant's motion to compel discovery; certificate of service (gab)
2002-05-16 268 0 Order ORDER setting trial date and tolling time under the speedy trial act by Mag Judge Barry M. Kurren ; jury trial set for 9:00 10/1/02 for Falaniko Uti, for Alfredo Sepulveda, for Fernando Gutierrez, for Joseph Pajardo, for Osovale for Vanessa Barut time excluded form 6/4/02 to and including 10/1/02, (gab)
2002-05-16 269 0 Minutes - Miscellaneous EP: MINUTES: Defendant (04) Joseph Pajardo's Motion to Compel Discovery-This Motion was joined by Defendants (02) Alfredo Seplveda and (07) Vanessa Barut-Defendants (02) Alfredo Seplveda and (04)Joseph Pajardo present in Custody. Defendant (07) Vanessa Barut's presence Waived. This Motion is hereby Denied. ; Alfredo Sepulveda, Joseph Pajardo, Vanessa Barut Attorney Myles Breiner, Glenn D. Choy, Pamela O'Leary Thomas Muehleck present ( Ct Rptr: C6 Tape 1237) by Judge Barry M. Kurren (gab)
2002-05-29 270 0 Order ORDER by Mag Judge Barry M. Kurren denying defendant Joseph Pajardo's motion to compel discovery [241-1]; certificate of service (sealed)
2002-05-30 271 0 Notice of Hearing NOTICE of hearing setting hearing on ; sentencing as to Count 1 of the Indictment set for 6/17/02 @ 3:45 p.m. SOM is continued to 2:15 11/4/02 for Joe Sappa before Judge Susan Mollway; Mr. Muehleck to prepare the stipulation. (gab)
2002-06-04 272 0 Stipulation and Order STIPULATION and order to continue sentencing by Judge Susan O. Mollway ; sentencing hearing set for 2:15 11/4/02 for Joe Sappa (gab)
2002-06-21 274 0 Motion to Dismiss Notice of Motion and MOTION to dismiss for outrageous government conduct by defendant Vanessa Barut memorandum in support; declaration of counsel; declaration of Joseph Pajardo; exhibit a-b; certificate of service; Motion hearing set for: TBA (gab)
2002-06-24 275 0 Notice of Hearing NOTICE of hearing setting hearing onsetting hearing on motion to dismiss for outrageous government conduct by defendant Vanessa Barut [274-1] is set for hearing on 2:00 8/28/02 before Judge Susan Oki Mollway (gab)
2002-06-24 276 0 Motion for Miscellaneous Relief Petition to Subpoena Special Agent Michael Rothermund Pursuant to 28 C.F.R. 16.22; Declaration of Counsel; Certificate of Service by defendant Vanessa Barut Motion hearing set for 8/28/02 @ 2:00 p.m. (gs)
2002-07-02 278 0 Stipulation and Order STIPULATION and order extending pretrial motions date for defendants Supulveda and Gutierrez by Mag Judge Kevin S. Chang - m/due 7/15/02; govt response due 7/29/02 (gab)
2002-07-01 279 0 Response in Opposition Opposition by plaintiff USA to Defendant Vanessa Barut's petition to subpoena Special Agent Michael Rothermund pursuant to 28 C.F.R. 16.22; certificate of service (gab)
2002-07-01 280 0 Response/Reply - Miscellaneous United States' RESPONSE to Defendant Vanessa Barut's motion to dismiss for outrageous Government Conduct; certificate of service (gab)
2002-07-08 282 0 Response in Opposition United States opposition to Defendant's motion to dismiss for outrageous Government conduct and bad faith by defendant Joseph Pajardo [277-1]; exhibit 1; certificate of service (sealed)
2002-07-09 283 0 Notice of Hearing NOTICE of hearing setting hearing onsetting hearing on motion to dismiss for outrageous Government conduct and bad faith by defendant Joseph Pajardo [277-1] is set for 2:00 9/19/02 before Judge Susan Oki Mollway (gab)
2002-07-23 285 0 Notice of Hearing Amended NOTICE of Motion to dismiss for outrageous government conduct by defendant Vanessa Barut [274-1] filed 06/21/2002; certificate of service; hearing set for 2:00 9/19/02 before Judge Susan Oki Mollway (gab)
2002-07-23 287 0 Notice of Hearing NOTICE of hearing setting hearing on Vanessa Barut's motion to dismiss for outrageous government conduct set for 8/28/02 @ 2:00 p.m. SOM is continued to 9/19/02 @ 2:00 p.m. before Judge Susan Oki Mollway (gab)
2002-07-24 288 0 Stipulation and Order STIPULATION and order by Mag Judge Kevin S. Chang extending pretrial motions date for defendant Gutierrez - m/due 7/22/02; response due 8/12/02 (gab)
2002-07-24 289 0 Notice (Other) Amended NOTICE by defendant Vanessa Barut of petition to subpoena special agent Michael Rothermund pursuant to 28 C.R.F. 1622, filed 06/24/02; certificate of service (gab)
2002-07-24 290 0 Miscellaneous Document NOTICE of Joinder by defendant Vanessa Barut in defendant Gutierrez's motion to strike penalty enhancement, filed on 07/22/02; certificate of service (gab)
2002-07-31 292 0 Notice of Hearing NOTICE of hearing setting hearing onsetting hearing on motion to strike penalty enhancement by defendant Fernando Gutierrez [291-1] and defendant Vanessa Barut's joinder in the motion to strike penalty enhancement set for 8/13/02@ 9:45 a.m. SOM are continued to 2:00 9/19/02 before Judge Susan Oki Mollway (gab)
2002-08-02 294 0 Notice of Hearing NOTICE of hearing setting hearing onsetting hearing on motion to have counsel withdraw and appoint new counsel by defendant Joe Sappa [293-1] 3:00 8/9/02 before Judge Barry M. Kurren (gab)
2002-08-07 295 0 Minutes - Miscellaneous EO: MINUTES Motion to w/d of not guilty plea/to plead anew set for 11:00 8/13/02 for Fernando Gutierrez before Judge Mollway by Judge Susan Oki Mollway (gab)
2002-08-20 300 0 Notice of Hearing NOTICE of hearing setting hearing onsetting hearing on motion to strike penalty enhancement by defendant Fernando Gutierrez [291-1] set for 1:30 12/2/02 before Judge Susan Oki Mollway - Mr. John Lee to prepare an amended notice of hearing. (gab)
2002-08-21 301 0 Minutes - Miscellaneous EO: MINUTES ; final pretrial conf set for 9/3/02 at 2:00 p.m. is moved to 10:00 a.m. LEK for Falaniko Uti, for Alfredo Sepulveda, for Joseph Pajardo, for Osovale Atapuai, for Vanessa Barut by Mag Judge Leslie E. Kobayashi (gab)
2002-08-22 302 0 Notice of Hearing NOTICE of hearing setting hearing on ; withdrawal of not guilty plea and to plead anew set for 11:15 8/29/02 for Osovale Atapuai before Judge Susan Oki Mollway (gab)
2002-08-23 303 0 Notice of Hearing NOTICE of hearing setting hearing onsetting hearing on Defendant Vanessa Barut's joinder in Defendant Gutierrez's motion to strike penalty enhancement set for 9/19/02 @ 2:00 p.m. SOM is continued to 1:30 12/2/02 before Judge Susan Oki Mollway (gab)
2002-08-23 304 0 Order ORDER by Mag Judge Barry M. Kurren granting motion to have counsel withdraw and appoint new counsel by defendant Joe Sappa [293-1] ; Attorney Richard Pafundi substituted by Clifford Hunt (gab) Modified on 08/26/2002
2002-08-26 305 0 Notice of Hearing NOTICE of hearing setting hearing on withdrawal of not guilty plea and to plead anew set for 10:30 8/29/02 for Alfredo Sepulveda before Judge Susan Oki Mollway (gab)
2002-09-03 310 0 Minutes - Miscellaneous EO: MINUTES ; final pretrial conf set for 10:00 9/3/02 is continued to 10:00 9/9/02 for Falaniko Uti, for Joseph Pajardo, for Vanessa Barut by Judge Mag Judge Leslie E. Kobayashi (gab)
2002-09-04 311 0 Motion for Miscellaneous Relief Notice of Motion and MOTION to modify terms and conditions of Pretrial Release by defendant Vanessa Barut Declaration of Counsel; certificate of service; Motion hearing set for 09/09/02 @ 10:30 a.m. (LEK) (gab)
2002-09-09 312 0 Minutes - Miscellaneous EP: MINUTES: final pretrial conference not held on 9/9/02 vacated. Defendant (07) will be filing a Motion to Continue Trial for Judge Susan Oki Mollway's consideration. ; Falaniko Uti, Joseph Pajardo, Vanessa Barut Attorney Myles S. Breiner, Glenn D. Choy, John R. Remis Jr., Thomas Muehleck present ( Ct Rptr: FTR Courtroom 7 CD9) by Judge Barry M. Kurren (gab)
2002-09-09 313 0 Minutes - Miscellaneous EP: MINUTES: motion to modify terms and conditions of Pretrial Release by defendant Vanessa Barut [311-1] ; - Defendant present, not in custody; Arguments heard; motion denied; Muehleck to prepare order; Vanessa Barut Attorney Myles S. Breiner, Thomas Muehleck present ( Ct Rptr: FTR Courtroom 7 CD9) by Judge Barry M. Kurren (gab)
2002-09-09 314 0 Motion to Continue Notice of Motion and MOTION to continue trial by defendant Vanessa Barut declaration of counsel; memorandum in support of motion; certificate of service; Motion hearing set for 09/19/02 @ 2:00 p.m. (SOM) (gab)
2002-09-11 315 0 Indictment EP: SUPERSEDING INDICTMENT by USA; naming Falaniko Uti, Joseph Pajardo, Vanessa Barut, Patrich Giles counts filed against Falaniko Uti (1) count(s) 1ss, 2ss, 3ss, 4ss, Joseph Pajardo (4) count(s) 1ss, 3ss, 7ss, 8ss, Vanessa Barut (7) count(s) 1ss, 8ss, Patrich Giles (8) count(s) 1, 5, 6 ordered ( Marjann Shawler) by Mag Judge Leslie E. Kobayashi (gab) 2010-02-15 02:12:45 69157c5ce2cb494e9e3240d50f5fd1133ce9b4a9
2002-09-12 319 0 Summons Issued PS issued as to Vanessa Barut ; arraignment set for 10:00 9/16/02 for Vanessa Barut before Mag Judge Leslie E. Kobayashi (bbb)
2002-09-12 320 0 Order ORDER by Mag Judge Leslie E. Kobayashi denying Defendant's motion to modify terms and conditions of Pretrial Release by Vanessa Barut [311-1] certificate of service (gab)
2002-09-12 321 0 APPEAL from Magistrate Judge's Order Releasing Defendant Patrich Giles pending trial memorandum in support of appeal; certificate of service; by plaintiff USA (cc: CRD, Judge Susan Oki Mollway) (gab)
2002-09-13 322 0 Notice of Hearing NOTICE of hearing setting hearing on ; arraignment as to the Second Superseding Indictment set for 10:00 9/16/02 is moved to 3:00 9/16/02 for Joseph Pajardo before Judge Leslie E. Kobayashi (gab)
2002-09-13 323 0 Notice of Hearing NOTICE of hearing setting hearing onsetting hearing on appeal motion APPEAL from Magistrate Judge's Order Releasing Defendant Patrich Giles pending trial [321-1] 9:00 9/19/02 before Judge Susan Oki Mollway (gab)
2002-09-16 325 0 Minutes - Miscellaneous EP: MINUTES: arraignment as to the Second Superseding Indictment held on 9/16/02 Defendant 07 Vanessa Barut present, not in custody; Charges received. dft Vanessa Barut waives public reading of the Second Superseding Indictment. plea of not guilty entered; Attorney present; , ; jury trial set for 9:00 10/1/02 SOM for Vanessa Barut ; Defendant's current conditions of release to continue. Vanessa Barut Attorney Jerry I. Wilson, Thomas Muehleck present ( Ct Rptr: FTR Courtroom 7 CD9) Judge Leslie E. Kobayashi (gab)
2002-09-17 327 0 Summons Returned Executed PS executed on 9/16/02 as to Vanessa Barut (gab)
2002-09-17 328 0 Witness List EXHIBIT/WITNESS list by defendant Vanessa Barut for the hearing on defendant's motion to dismiss indictment for outrageous government conduct, filed 04/23/02 (gab)
2002-09-18 332 0 Notice of Hearing NOTICE of hearing setting hearing onsetting hearing on appeal motion APPEAL from Magistrate Judge's Order Releasing Defendant Patrich Giles pending trial [321-1] set for 9/19/02 @ 9:00 a.m. SOM is rescheduled to 10:45 the same day before Judge Susan Oki Mollway (gab)
2002-09-19 335 0 Minutes - Miscellaneous EP: MINUTES: Defendant Joseph Pajardo's Motion to Dismiss for Outrageous Government's Conduct and Bad Faith; Defendant Vanessa Barut's Motion to Dismiss for Outrageous Government's Conduct; Defendant Vanessa Barut's Petition to Subpoena Special Agent Michael Rothermund; Defendant Vanessa Barut's Motion to Continue Trial - (01) Falaniko Uti not present, and his presence is waived for purposes of this hearing. (04) Joseph Pajardo present and in custody. (07) Vanessa Barut present. (08) Patrich Giles not present, and his presence is waived for purposes of this hearing. Defendant Vanessa Barut's Motion to Continue Trial - Arguments - Granted. New dates given: Jury Trial 11/26/02 @ 9:00 a.m. SOM. Final Pretrial Conference 10/28/02 @ 10:00 a.m. KSC. Motions 10/15/02. Response 10/29/02. Court will exclude time pursuant to the Speedy Trial Act. The Court finds that the ends of justice served by granting this trial continuance outweigh the best interest of the public and the defendants in a speedy trial in order to afford continuity of counsel and due to the considerable amount of evidence. Arguments. Defendant Joseph Pajardo's Motion to Dismiss for Outrageous Government's Conduct and Bad Faith - Denied. Defendant Vanessa Barut's Motion to Dismiss for Outrageous Government's Conduct - Denied. Defendant Vanessa Barut's Petition to Subpoena Special Agent Michael Rothermund - Moot. Court to issue a written order. (01) Falaniko Uti (04) Joseph Pajardo (07) Vanessa Barut (08) Patrich Giles Thomas Muehleck Michael Rothermund (DEA) (01) John Remis (04) Glenn Choy (07) Myles Breiner (08) Glenn Choy for William Harrison ; present ( Ct Rptr: Debra Chun) by Judge Susan Oki Mollway (gab)
2002-09-23 337 0 Order ORDER by Judge Susan O. Mollway denying motions to dismiss for outrageous Government conduct; order denying Barut's petition to subpoena special agent Michael Rothermund; order continuing trial date until 11/26/02 - excluding time from 10/1/02 to 11/26/02 (cc: all counsel) (gab)
2002-09-26 338 0 Order ORDER by Judge Susan O. Mollway granting United States APPEAL of Magistrate Judge's Order Releasing Defendant Patrich Giles pending trial [321-1] (gab)
2002-10-15 340 0 Stipulation and Order STIPULATION and order by Judge Susan O. Mollway continuing defendant Joe Sappa's sentencing and certificate of service ; sentencing hearing set for 3:00 1/21/03 for Joe Sappa (gab)
2002-10-28 341 0 Minutes - Miscellaneous EP: MINUTES: final pretrial conference held on 10/28/02 , c Jury Trial before Judge SOM set for 9:00 11/26/02; Representations by counsel on trial time: days US- 2 weeks total, Fed. R. Crim. P. 16(a)(1)(C)(E) disclosures made as to Defendant; ; Motions in limine filed and served by 11/6/02; Mem in opp to motions in limine by 11/12/02; Brady and Giglio Material by 11/6/02; Jury Instructions exchanged by 11/6/02; Filings required by 4(a)&(b) by 11/13/02; Witness lists per stipulation by 11/19/02; Parties will exchange exhibits; Original exhibits tabbed and in ; Stipulations filed by 11/13/02; Voir Dire Questions by 11/13/02; Trial Briefs by 11/13/02; Jencks Disclosure by the Friday before trial as to Falaniko Uti, Joseph Pajardo, Vanessa Barut, Patrich Giles ; Falaniko Uti, Joseph Pajardo, Vanessa Barut, Patrich Giles Attorney William Harrison, Myles S. Breiner, Glenn D. Choy, John R. Remis Jr., Thomas Muehleck present ( Ct Rptr: Tape C5 952) by Judge Kevin S.C. Chang (gab)
2002-10-29 342 0 Final Pretrial Conference Report REPORT of Final Pretrial Conference minutes and Order by Mag Judge Kevin S. Chang (gab)
2002-10-30 343 0 Notice of Hearing NOTICE of hearing setting hearing on sentencing as to Count 1 of the Superseding Indictment; Defendant's motion to strike penalty enhancement; Defendant Vanessa Barut's Joinder in Defendant Gutierrez's motion to strike Penalto enhancement set for 12/02/02 @ 1:30 p.m. SOM are continued to 3:00 2/24/03 for Fernando Gutierrez before Judge Susan Oki Mollway; Mr. Minn to prepare the stipulation. (gab)
2002-11-01 344 0 Motion to Continue Notice of Motion and MOTION to continue trial by defendant Vanessa Barut declaration of counsel; memorandum in support of motion; certificate of service; Motion hearing set for 11/12/02 @ 2:00 p.m. (BMK) (gab)
2002-11-01 345 0 Notice (Other) NOTICE by plaintiff USA of intent to use evidence of defendant's actis under Federal Rule of evidence 404(b); certificate of service (gab)
2002-11-04 346 0 Jury Instructions Requested JURY Instructions by defendant Vanessa Barut; certificate of service (gab)
2002-11-01 347 0 Motion in Limine Notice of Motion and MOTION in limine No. 1 by defendant Vanessa Barut Declaration of counsel; memorandum of law; certificate of service; Motion hearing set for 11/26/02 @ 9:00 a.m. (SOM) (gab)
2002-11-06 348 0 Stipulation and Order STIPULATION and order by Judge Susan O. Mollway to continue sentencing hearing for defendant Gutierrez ; sentencing hearing set for 3:00 2/24/03 for Fernando Gutierrez (gab)
2002-11-12 350 0 Minutes - Miscellaneous EP: MINUTES: Motion to Continue Trial by 07 Vanessa Barut - deft Barut present. Motion to Continue Trial GRANTED. Per counsel present, defts are in agreement with continuance. New date given: JS/JT 5-20-03 @ 9 a.m., SOM. Final Pretrial Conference 4-21-03 @ 10 a.m., LEK. Motions due 1-31-03. Response due 2-14-03. Muehleck to prepare order excluding time from 11-26-02 thru 5-20-03 to allow deft's counsel appropriate time to prepare for trial and for continuity of counsel., ; Falaniko Uti, Vanessa Barut, Patrich Giles Attorney William Harrison, Myles S. Breiner, John R. Remis Jr., Thomas Muehleck present ( Ct Rptr: C6 Tape 1303) by Judge Barry M. Kurren (gab)
2002-11-20 351 0 Indictment EP: THIRD SUPERSEDING INDICTMENT by USA; naming Falaniko Uti, Joseph Pajardo, Vanessa Barut, Patrich Giles counts filed against Falaniko Uti (1) count(s) 1sss, 2sss, 3sss, 4sss, 9sss, Joseph Pajardo (4) count(s) 1sss, 3sss, 7sss, 8sss, Vanessa Barut (7) count(s) 1sss, 8sss, Patrich Giles (8) count(s) 1s, 5s, 6s ordered ( Marjann Shawler) by Mag Judge Kevin S.C. Chang (gab) Modified on 11/20/2002 2010-02-15 02:12:32 da18b6e156b46e62593bc68795ebc01c8b9f70b0
2002-11-21 354 0 Summons Issued PS issued as to Vanessa Barut ; arraignment set for 3:00 11/27/02 for Vanessa Barut before Mag Judge Barry M. Kurren (sealed)
2002-11-21 356 0 Notice of Hearing NOTICE of hearing setting hearing on ; sentencing as to Count 1 of the Indictment set for 1/21/03 @ 3:00 p.m. SOM is continued to 1:30 7/14/03 for Joe Sappa before Judge Susan Oki Mollway; Mr. Hunt to prepare the stipulation (gab)
2002-11-22 357 0 Order ORDER granting defendant Vanessa Barut's motion to continue trial and tolling time from computation under the speedy trial act from 11/26/02 to and including 5/20/03 by Mag Judge Barry M. Kurren ; jury trial set for 9:00 5/20/03 for Falaniko Uti, for Joseph Pajardo, for Vanessa Barut, for Patrich Giles ; pretrial conference set for 10:00 4/21/03 for Falaniko Uti, for Joseph Pajardo, for Vanessa Barut, for Patrich Giles , (cc: all counsel) (gab)
2002-11-27 360 0 Minutes - Miscellaneous EP: MINUTES: A & P to Third-Superseding Indictment as to 01 Falaniko Uti, 04 Joseph Pajardo, 07 Vanessa Barut - defts 01 Falaniko Uti, 04 Joseph Pajardo present in custody. 07 Vanessa Barut present on bail. Arrns waived. Pleas of NOT GUILTY entered. Dates to remain as: JS/JT 5-20-03 @ 9 a.m., SOM. Final Pretrial Conference 4-21-03 @ 10, LEK. Motions due 1-31-03. Response due 2-14-03. Defts 01 Falaniko Uti, 04 Joseph Pajardo remanded to custody of U.S. Marshal. [dft Falaniko Uti, Joseph Pajardo, Vanessa Barut arraignment waived; plea of NOT GUILTY entered; Attorneys present] ; (01) Falaniko Uti, (04) Joseph Pajardo, (07) Vanessa Barut; USA Attorney Thomas Muehleck; Attorneys: (01) John Remis; (04) Myles Breiner for (04) Glenn Choy; (07) Myles Breiner present (Ct Rptr: C6 Tape 1315 & 1316) by Mag Judge Barry M. Kurren (afc)
2002-12-02 361 0 Stipulation and Order STIPULATION and order continuing defendant Joe Sappa's sentencing and certificate of service by Judge Susan O. Mollway ; sentencing hearing set for 1:30 7/14/03 for Joe Sappa (bbb)
2002-12-03 362 0 Summons Returned Executed PS UNexecuted on as to Vanessa Barut (bbb)
2002-12-23 369 0 Notice of Hearing NOTICE of hearing setting hearing on ; sentencing to Count 1 of the First Superseding Indictment set for 3/17/03 @ 1:30 p.m. SOM is continued to 6/30/03 @ 3:45 p.m. SOM for Alfredo Sepulveda before Judge Susan Oki Mollway; Ms. Tower to prepare the stipulation (gab) Modified on 12/24/2002
2002-12-27 370 0 Stipulation and Order STIPULATION and order continuing sentencing date for defendant Alfredo Sepulveda by Judge Susan O. Mollway ; sentencing hearing set for 3:45 6/30/03 for Alfredo Sepulveda (bbb)
2003-01-14 371 0 Motion to Compel Notice of Motion and MOTION Fifth Motion to compel discovery by defendant Vanessa Barut declaration of counsel; certificate of service; Motion hearing set for 02/03/03 @ 10:00 a.m. (KSC) (gab)
2003-01-21 373 0 Response to Motion United States' RESPONSE to Defendant Vanessa Barut's 5th Motion to Compel Discovery; certificate of service (gab) Modified on 01/22/2003
2003-01-29 375 0 Minutes - Miscellaneous EO: MINUTES: ; status hearing set for 10:00 2/3/03 before KSC for Falaniko Uti by Judge Kevin S.C. Chang (gab)
2003-02-04 378 0 Notice of Hearing NOTICE of hearing setting hearing onsetting hearing on motion in limine No. 1 by defendant Vanessa Barut [347-1] set for 11/26/02 @ 9:00 a.m. SOM is continued to 2:00 5/9/03 before Judge Susan Oki Mollway (gab)
2003-02-03 380 0 Minutes - Miscellaneous EP: MINUTES: Defendant (07) Vanessa Barut's Fifth Motion to compel discovery [371-1] denied without prejudice; defendant presence waived; Vanessa Barut Attorney Myles S. Breiner, Thomas Muehleck present ( Ct Rptr: C5 Tape 986) by Judge Kevin S.C. Chang (gab)
2003-02-06 381 0 Order ORDER by Mag Judge Kevin S. Chang denying Fifth Motion to compel discovery by defendant Vanessa Barut [371-1] certificate of service (gab)
2003-02-07 382 0 Response in Opposition United States' opposition to defendant's motion to be relieved as attorney for Falaniko Uti [377-1]; exhibits A-C (SEALED) (gab)
2003-02-07 383 0 Notice of Hearing NOTICE of hearing setting hearing onsetting hearing on motion in limine No. 1 by defendant Vanessa Barut [347-1] set for 5/9/03 @ 2:00 p.m. SOM is rescheduled to 2:00 5/2/03 before Judge Susan Oki Mollway (gab)
2003-02-13 385 0 Notice of Hearing NOTICE of hearing setting hearing on sentencing as to Count 1 of the First Superseding Indictment set for 3/17/03 @ 2:15 p.m. SOM is continued to 3:00 6/30/03 for Osovale Atapuai before Judge Susan Oki Mollway; notified: Thomas Muehleck and Richard Wurdeman; Mr. Wurdeman to prepare the stipulation. (gab)
2003-02-18 386 0 Notice of Hearing NOTICE of hearing setting hearing onsetting hearing on defendant's motion to strike penalty enhancement by defendant Fernando Gutierrez [291-1]; defendant (07) Vanessa Barut's joinder in motion to strike penalty enhancement; defendant (04) Joseph Pajardo's joinder in motion to strike penalty enhancement 3:00 7/7/03 ; sentencing as to count 1 of the Superseding Indictment hearing set for 3:00 7/7/03 for Fernando Gutierrez before Judge Susan Oki Mollway; notified: Thomas Muehleck, (03) Reginald Minn, (04) Glenn Choy, and (07) Myles Breiner; Mr. Minn to prepare the stipulation (gab)
2003-02-24 390 0 Stipulation and Order STIPULATION and order by Judge Susan O. Mollway to continue defendant Gutierrez' sentencing hearing and hearing on motion to strike penalty enhancement ; sentencing hearing set for 3:00 7/7/03 for Fernando Gutierrez (gab)
2003-03-06 391 0 Order ORDER by Mag Judge Kevin S. Chang granting in part and denying in part motion to withdraw as counsel for Falaniko Uti [377-1]; certificate of service (gab)
2003-04-04 392 0 Miscellaneous Document EX PARTE Application by defendant Vanessa Barut for writ of habeas corpus ad testificandum declaration of counsel; proposed order issuing writ of habease corpus ad testificandum - before Judge Susan O. Mollway (gab)
2003-04-04 393 0 Miscellaneous Document EX PARTE Application by defendant Vanessa Barut for writ of habeas corpus Ad Testificandum declaration of counsel; proposed order issuing writ of habeas corpus ad testificandum; before Judge Susan O. Mollway (gab)
2003-04-04 394 0 Miscellaneous Document EX PARTE Application by defendant Vanessa Barut for writ of habeas corpus ad testificandum declaration of counsel; proposed order issuing writ of habeas corpus ad testificandum; before Judge Susan O. Mollway (gab)
2003-04-04 395 0 Motion in Limine Notice of Motion and MOTION in limine No. 1 by defendant Vanessa Barut Declaration of counsel; memorandum of law; certificate of service; Motion hearing set for 05/02/03 @ 2:00 (SOM) (gab)
2003-04-04 396 0 Miscellaneous Document EX PARTE Application by defendant Vanessa Barut for writ of habeas corpus ad testificandum proposed order issuing writ of habeas corpus ad testificandum before Judge Susan O. Mollway (gab)
2003-04-04 397 0 Miscellaneous Document EX PARTE Application by defendant Vanessa Barut for writ of habeas corpus ad testificandum declaration of counsel; proposed order issuing writ of habeas corpus ad testificandum before Judge Susan O. Mollway (gab)
2003-04-04 398 0 Miscellaneous Document EX PARTE Application by defendant Vanessa Barut for writ of habeas corpus ad testificandum declaration of counsel; proposed order issuing writ of habeas corpus ad testificandum; before Judge Susan O. Mollway (gab)
2003-04-04 399 0 Motion in Limine Notice of Motion and MOTION in limine to exclude any testimony regarding defendant's Post-Machine interview on May 30, 2001 by defendant Vanessa Barut declaration of counsel; exhibit A; certificate of service; Motion hearing set for 05/02/03 @ 2:00 p.m. (SOM) (gab)
2003-04-07 400 0 Writ of Habeas Corpus ad Prosequendum Issued Order granting a WRIT of habeas corpus AD TESTIFICANDUM and ordering the appearance of Osovale Atapuai at the trial of Defendant Vanessa Barut (bbb)
2003-04-07 401 0 Writ of Habeas Corpus ad Prosequendum Issued WRIT of habeas corpus AD TESTIFICANDUM issued as to Osovale Atapuai (bbb) Modified on 04/08/2003
2003-04-07 402 0 Writ of Habeas Corpus ad Prosequendum Issued Order granting a WRIT of habeas corpus AD TESTIFICANDUM and order the appearance of Alfredo Sepulveda at the trial of defendant Vanessa Barut (bbb)
2003-04-07 403 0 Writ of Habeas Corpus ad Prosequendum Issued WRIT of habeas corpus AD TESTIFICANDUM issued as to Alfredo Sepulveda (bbb)
2003-04-07 404 0 Order ORDER by Judge Susan O. Mollway granting a writ of habeas corpus Ad Testificandum and ordering the appearance of Joseph Pajardo at the trial of defendant VAnessa Barut (gab)
2003-04-07 405 0 Writ of Habeas Corpus ad Prosequendum Issued WRIT of Habeas Corpus Ad TESTIFICANDUM issued as to Joseph Pajardo for defendant VAnessa Barut (07) (gab)
2003-04-07 406 0 Order ORDER by Judge Susan O. Mollway Granting a Writ of Habeas Corpus Ad Testificandum and ordering the appearance of Joe Sappa at the trial of defendant Vanessa Barut (gab)
2003-04-07 407 0 Writ of Habeas Corpus ad Prosequendum Issued WRIT of Habeas Corpus AD TESTIFICANDUM issued as to Joe Sappa for deft. Vanessa Barut (07) (gab)
2003-04-07 408 0 Order ORDER by Judge Susan O. Mollway Granting a Writ of Habeas Corpus Ad Testificandum and ordering the appearance of Fernando Gutierrez at the trial of defendant Vanessa Barut (gab)
2003-04-07 409 0 Writ of Habeas Corpus ad Prosequendum Issued WRIT of Habeas Corpus AD TESTIFICANDUM issued as to Fernando Gutierrez for deft. Vanessa Barut (07) (gab)
2003-04-07 410 0 Order ORDER by Judge Susan O. Mollway Granting a Writ of Habeas Corpus Ad Testificandum and ordering the appearance of Falaniko Uti at the trial of defendant Vanessa Barut (gab)
2003-04-07 411 0 Writ of Habeas Corpus ad Prosequendum Issued WRIT of Habeas Corpus AD TESTIFICANDUM issued as to Falaniko Uti for deft. Vanessa Barut (07) (gab)
2003-04-09 412 0 Miscellaneous Document EX PARTE Application by defendant Vanessa Barut for writ of habeas corpus ad testificandum declaration of counsel; proposed order issuing writ of habeas corpus ad testificandum (gab)
2003-04-09 413 0 Notice of Hearing NOTICE of hearing setting hearing onsetting hearing on motions in limine by defendant Vanessa Barut set for 5/2/03 @ 2:00 p.m. SOM are rescheduled to 1:00 the same day before Judge Susan Oki Mollway (gab)
2003-04-10 414 0 Order ORDER by Judge Susan O. Mollway granting a writ of habeas corpus ad testificandum [412-1] and ordering the appearance of Patrich Giles at the trial of Defendant Vanessa Barut [412-2] (gab)
2003-04-10 415 0 Writ of Habeas Corpus ad Prosequendum Issued WRIT of Habeas Corpus AD TESTIFICANDUM issued as to Patrich Giles (gab)
2003-04-14 416 0 Motion in Limine Notice of Motion and MOTION in limine to exclude redacted report regarding debriefing of Joseph Pajardo, dated 10/24/01 by defendant Vanessa Barut declaration of counsel; certificate of service Motion hearing set for 05/02/03 @ 1:00 p.m. (SOM) (gab)
2003-04-17 418 0 Order ORDER by Judge Susan O. Mollway of designation to a Magistrate Judge re [417-1] - motion to continue trial date (cc: LEK, crms) (sealed)
2003-04-17 419 0 Minutes - Miscellaneous EO: MINUTES: final pretrial conference continued from 4/21/03 to 10:00 5/5/03 for Falaniko Uti, for Joseph Pajardo, for Vanessa Barut, for Patrich Giles before Judge Kevin S.C. Chang (sealed)
2003-04-18 420 0 Response in Opposition United States' opposition to motion to continue trial by defendant Falaniko Uti [417-1]; certificate of service (gab)
2003-04-22 422 0 Notice of Hearing NOTICE of hearing setting hearing onsetting hearing on Vanessa Barut's motion in limine No. 1; to exclude any testimony regarding defendant's Post-Machine interview on May 30, 2001 set for 5/2/03 @ 1:00 p.m. SOM are rescheduled to 11:15 a.m. 5/9/03 before Judge Susan Oki Mollway (gab)
2003-04-29 423 0 Notice of Hearing NOTICE of hearing setting hearing on ; sentencing as to Count 1 of the Indictment set for 7/14/03 @ 1:30 p.m. SOM is continued to 1:30 9/15/03 for Joe Sappa before Judge Susan Oki Mollway; Notified: Thomas Muehleck, and Clifford Hunt; Mr. Hunt to prepare the stipulation. (gab)
2003-05-01 424 0 Response to Motion United States RESPONSE to defendant's motion in limine to exclude redacted report regarding debriefing of Joseph Pajardo; certificate of service (gab)
2003-05-05 425 0 Minutes - Miscellaneous EP: MINUTES: 1. Defendant (01) Falaniko Uti's Motion to Continue Trial Date - defendant present, in custody. Further hearing on Defendant (01) Falaniko Uti's Motion to Continue Trial Date is set for 5/6/03 at 10:00 am before Judge Chang. 2. Final Pretrial Conference as to Defendants (01) Uti, (04) Pajardo, (07) Barut, (08) Giles - defendant (01) Uti present, in custody; defendant (04) Pajardo presence waived; defendant (07) Barut, present, not in custody; defendant (08) Giles, presence waived. Final Pretrial Conference continued to 5/6/03 at 10:00 am before Judge Chang. Falaniko Uti, Joseph Pajardo, Vanessa Barut, Patrich Giles Attorney William Harrison, Myles S. Breiner, Glenn D. Choy, Gurmail G. Singh, Florence Nakakuni for Thomas Muehleck present ( Ct Rptr: C5 Tape 1116, ESM) by Judge Kevin S.C. Chang (gab)
2003-05-06 426 0 Motion for Miscellaneous Relief Notice of Motion and MOTION to modify terms and conditions of pretrial release by defendant Vanessa Barut declaration of counsel; certificate of service; Motion hearing set for 05/09/03 @ 10:00 a.m. (KSC) (gab)
2003-05-06 427 0 Response to Motion RESPONSE by plaintiff USA to Defendant Vanessa Barut's motion in limine No. 1 [395-1]; certificate of service (gab)
2003-05-06 428 0 Response to Motion RESPONSE by plaintiff USA to Defendant Vanessa Barut's motion in limine to exclude any testimony re: post polygraph interview [399-1]; certificate of service (gab)
2003-05-07 429 0 Minutes - Miscellaneous EO: MINUTES: Defendant (07) Vanessa Barut's Motion in Limine No. 1; Defendant (07) Vanessa Barut's Motion in Limine to Exclude Redacted Report Regarding Debriefing of Joseph Pajardo, Dated October 24, 2001 Defendant Vanessa Barut's Motion in Limine to Exclude Any Testimony Regarding Defendant's Post-Machine Interview on 5/30/01 are deemed withdrawn and deemed re-filed as of 5/9/03. The hearing date of these motions are continued from 05/09/2003 11:15:00 AM to 10/31/2003 02:00:00 PM before SOM. by Judge Susan Oki Mollway (gab)
2003-05-06 430 0 Minutes - Miscellaneous EP: MINUTES: Further Hearing on Defendant (01) Falaniko Uti's Motion to Continue Trial Date, 2. Final Pretrial Conference - defendant (01) Falaniko Uti, present, in custody; defendant (04) Joseph Pajardo, presence waived; defendant (07) Vanessa Barut, presence waived; defendant (08) Patrick Giles, presence waived. 1. Further Hearing on Defendant (01) Falaniko Uti's Motion to Continue Trial Date - defendant present, in custody. Defendant's Motion is granted [417-1] Jury Selection/Trial: 11/4/03, 9:00 am, Judge Mollway Final Pretrial Conference: 10/6/03, 10:00 am, Judge Kobayashi Motions: 8/26/03 Response: 9/9/03 Mr. Muehleck to prepare the order and to exclude time from 5/20/03 through 11/4/03. 2. Final Pretrial Conference as to Defendants (01) Uti, (04) Pajardo, (07) Barut, (08) Giles not held. Defendant (01) Falaniko Uti is remanded to the custody of the USMS ; Falaniko Uti, Joseph Pajardo, Vanessa Barut, Patrich Giles, USA Attorney Thomas Muehleck, G. Singh, Myles S. Breiner for Glenn Choy and William Harrison present (Ct Rptr: C5; 1117) by Judge Chang (gs)
2003-05-07 431 0 Memorandum in Opposition to Motion United States' Opposition to Defendant's motion to modify terms and conditions of pretrial release; Certificate of Service [426-1] (gs)
2003-05-08 432 0 Notice of Hearing NOTICE - Sentencing as to Count 1 of the First Superseding Indictment set for 6/30/03 @ 3:45 p.m. SOM is continued to 12/8/03 @ 1:30 p.m. SOM; Notified: Thomas Muehleck and Pam Tower; Ms. Tower to prepare the stipulation (gs)
2003-05-09 433 0 Minutes - Miscellaneous EP: MINUTES: Defendant (07) Vanessa Barut's Motion to Modify Terms and Condition of Pretrial Release - defendant present, not in custody. Arguments held. The Motion to Modify is continued to 5/15/03 at 8:30 am before Judge Chang. ; Vanessa Barut Attorney Myles S. Breiner, Thomas Muehleck present ( Ct Rptr: C5 Tape 1120) by Judge Kevin S.C. Chang (gab)
2003-05-09 434 0 Order ORDER by Mag Judge Kevin S. Chang granting Defendant Falaniko Uti's motion to continue trial and tolling time from computation under the speedy trial act [417-1] ; jury trial set for 9:00 11/3/03 for Falaniko Uti, for Joseph Pajardo, for Vanessa Barut, for Patrich Giles ; pretrial conference set for 10:00 10/6/03 for Falaniko Uti, for Joseph Pajardo, for Vanessa Barut, for Patrich Giles time excluded from 5/20/03 to and including 11/3/03, certificate of service (gab)
2003-05-12 435 0 Stipulation and Order STIPULATION and order by Judge Susan O. Mollway continuing sentencing date for defendant Alfredo Sepulveda ; sentencing hearing set for 1:30 12/8/03 for Alfredo Sepulveda (gab)
2003-05-12 436 0 Stipulation and Order STIPULATION and order by Judge Susan O. Mollway continuing defendant Joe Sappa's sentencing and certificate of service ; sentencing hearing set for 1:30 9/15/03 for Joe Sappa (gab)
2003-05-09 437 0 Motion in Limine Notice of Motion and MOTION in limine No. 1 by defendant Vanessa Barut Motion hearing set for 05/02/03 @ 2:00 p.m. (SOM) (gab)
2003-05-09 438 0 Motion in Limine Notice of Motion and MOTION in limine by defendant Vanessa Barut to exclude redacted report regarding debriefing of Joseph Pajardo, dated October 24, 2001 (gab)
2003-05-09 439 0 Motion in Limine Notice of Motion and MOTION in limine by defendant Vanessa Barut to exclude any testimony regarding defendant's post machine interview on May 30, 2001 (gab)
2003-05-15 440 0 Minutes - Miscellaneous EP: MINUTES: Further Hearing on Defendant (07) Vanessa Barut's Motion to Modify Terms and Conditions of Pretrial Release - defendant present, not in custody. The Motion to Modify Terms and Conditions of Pretrial Release is granted. The Court will reduce the present $15,000 CASH bond to $10,000 CASH bond to allow release of $5,000 to be applied to child's college expense starting in August 2003. All other terms and conditions of present bond will remain. Bail - $50,000 Security Mortgage (this security mortgage was posted from the previous bond) The Defendant is placed in the custody of Carol Sojot, 1227 Matlock Avenue, Apt #1, Honolulu, HI, ph: 533-2372. (7a2) Execute a bond in the amount of $10,000, secured by a posting of cash. (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: Carol Sojot at 1227 Matlock Avenue, Honolulu, HI.. (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. (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/or treatment as directed 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. Other Conditions: The Defendant have no association with Co-Defendants. ; Vanessa Barut Attorney Myles S. Breiner, Thomas Muehleck present ( Ct Rptr: C5 Tape 1125) by Judge Kevin S.C. Chang (gab)
2003-05-16 441 0 Motion to Compel Notice of Motion and MOTION Sixth Motion to compel discovery by defendant Vanessa Barut Declaration of counsel; certificate of service; Motion hearing set for 06/05/03 @ 10:00 a.m. (BMK) (gab)
2003-05-20 442 0 Order ORDER by Mag Judge Kevin S. Chang granting defendant Vanessa Barut's motion to modify terms and conditions of Pretrial Release reduced from $15,000.00 to $10,000.00 for Vanessa Barut (sealed)
2003-05-29 443 0 Response to Motion United States' RESPONSE to Defendant's Sixth Motion to compel discovery [441-1]; certificate of service (gab)
2003-06-02 444 0 Minutes - Miscellaneous EO: MINUTES: motion Sixth Motion to compel discovery by defendant Vanessa Barut [441-1] motion hearing set for 6/5/03 @ 10:00 a.m. will be set for 9:00 6/5/03 before Judge Kurren; by Judge Barry M. Kurren (gab)
2003-06-02 445 0 Notice of Hearing NOTICE of hearing setting hearing on ; sentencing as to Count 1 of the First Superseding Indictment set for 6/30/03 @ 3:00 p.m. SOM is continued to 2:15 12/8/03 for Osovale Atapuai before Judge Susan Oki Mollway; Mr. Wurdeman to prepare the stipulation (gab)
2003-06-05 446 0 Minutes - Miscellaneous EP: MINUTES: Defendant (07) Vanessa Barut's Sixth Motion to Compel Discovery - deft present on bail. Motion DENIED. Muehleck to prepare order. Govt to turn over plea agreements. Bail to continue. Vanessa Barut Attorney Myles S. Breiner, Thomas Muehleck present ( Ct Rptr: C6 Tape 1400) by Judge Barry M. Kurren (gab)
2003-06-06 447 0 Order ORDER by Mag Judge Barry M. Kurren denying Sixth Motion to compel discovery by defendant Vanessa Barut [441-1]; certificate of service (gab)
2003-06-17 448 0 Stipulation and Order STIPULATION and order by Judge Susan O. Mollway extending time to file objections to the draft presentence report (sealed)
2003-06-20 450 0 Notice of Hearing NOTICE of hearing setting hearing on sentencing as to Count 1 of the Superseding Indictment; Defendant Gutierrez's Motion to strike penalty enhancement; defendant Barut's joinder in Defendant Gutierrez's motion to strike penalty enhancement and defendant Pajardo's joinder in defendant Gutierrez's motion to strike penalty enhancement set for 7/7/03 @ 3:00 p.m. SOM are continued to 3:00 12/8/03 before Judge Susan Oki Mollway; Mr. Minn to prepare the stipulation. (gab)
2003-06-27 451 0 Stipulation and Order STIPULATION and order by Judge Susan O. Mollway to continue defendant Gutierrez' sentencing hearing and hearing on motion to strike penalty enhancement sentencing hearing set for 3:00 12/8/03 for Fernando Gutierrez (gab)
2003-08-18 458 0 Response in Opposition United States' opposition to motion to sever by defendant Falaniko Uti [456-1]; certificate of service (sealed)
2003-08-21 459 0 Motion to Compel Notice of Motion and MOTION to compel discovery by defendant Vanessa Barut declaration of counsel; exhibits A & B; certificate of service; Motion hearing set for 09/08/03 @ 3:00 p.m. (BMK) (sealed)
2003-08-22 460 0 Response/Reply - Miscellaneous defendant Vanessa Barut's Notice of No Objection to Defendant Falaniko Unit's Motion to Sever, Filed on August 2, 2003 [456-1]; certificate of service (gab)
2003-09-02 464 0 Notice of Hearing NOTICE of hearing setting hearing on Sentencing as to Count 1 of the Indictment and Defendant's Motion for Downward Departure set for 9/15/03 @ 1:30 p.m. SOM is continued to 2/17/04 @ 3:00 p.m. SOM. Notified: Thomas Muehleck AUSA and 06 Clifford Hunt. Mr. Hunt to prepare the stipulation.; sentencing hearing set for 3:00 2/17/04 for Joe Sappa re [453-1] before Susan O. Mollway (bbb)
2003-09-05 465 0 Response to Motion United States' RESPONSE to defendant's seventh motion to compel discovery [459-1]; certificate of service (bbb)
2003-09-08 467 0 Minutes - Miscellaneous EP: MINUTES: Defendant (07) Vanessa Barut's Seventh Motion to Compel Discovery and Defendants (01) Falaniko Uti and (04) Joseph Pajardo joined in on this Motion-Defendant (04) Joseph Pajardo-present in Custody, Defendant (07) Vanessa Barut present not in Custody and Defendant (01) Falaniko Uti presence waived. This Motion is continued to September 11, 2003 @3:00 p.m. before Judge Kurren. At the September 11, 2003 hearing all the Defendants' presence are hereby waived. [466-1] [462-1] [459-1]; Falaniko Uti, Joseph Pajardo, Vanessa Barut, USA Attorney Thomas Muehleck, Myles S. Breiner, Glenn D. Choy, Gurmail G. Singh present ( Ct Rptr: C6 Tape #1455) by Judge Barry M. Kurren (bbb)
2003-09-09 468 0 Stipulation and Order STIPULATION and order continuing defendant Joe Sappa's sentencing and certificate of service by Judge Susan O. Mollway sentencing hearing set for 3:00 2/17/04 for Joe Sappa (bbb)
2003-09-12 471 0 Response in Opposition United States' OPPOSITION to defendant's motion for temporary release order [469-1]; certificate of service (bbb)
2003-09-11 472 0 Minutes - Miscellaneous EP: MINUTES: Defendant (07) Vanessa Barut's Seventh Motion to Compel Discovery - deft (07) Barut and (04) Pajardo presence waived. Deft (01) Uti present in custody. Motion DENIED. Muehleck to prepare order. Govt to decide and notify defense counsel by 9-24-03 whether Agent Rothermund will be called as their witness. [459-1] ; Falaniko Uti, Joseph Pajardo, Vanessa Barut, USA Attorney Thomas Muehleck, Myles S. Breiner, Glenn D. Choy, Gurmail G. Singh present ( Ct Rptr: C6 Tape #1459) by Judge Barry M. Kurren (bbb)
2003-09-15 474 0 Order Government's ORDER denying defendant Vanessa Barut's seventh motion to compel discovery [459-1] by Mag Judge Barry M. Kurren (bbb)
2003-09-18 475 0 Motion for Reconsideration Notice of Motion and MOTION to reconsider order denying defendant Barut's seventh Motion to compel discovery by defendant Vanessa Barut ; certificate of service; Motion hearing set for 10:00 10/24/2003 LEK (bbb) Modified on 09/26/2003
2003-09-19 476 0 Minutes - Miscellaneous EO: MINUTES: Continued : [Defendant (07) Vanessa Barut's Motion to Reconsider Order Denying Defendant Barut's Seventh Motion to Compel Discovery] from 10/24/2003 10:00:00 AM to 09/29/2003 01:45:00 PM before BMK. Tamar from Breiner's office to notify parties.; [475-1] by Judge Barry M. Kurren (bbb)
2003-09-19 477 0 Notice of Hearing NOTICE of hearing setting hearing on Motion to Withdraw Not Guilty Plea and to Plead Anew is set for 9/26/03 @ 9:00 a.m. SOM. Notified: Thomas Muehleck AUSA and (04) Glenn Choy. before Judge Susan O. Mollway (bbb)
2003-09-25 478 0 Response to Motion RESPONSE by plaintiff USA to defendant's motion to reconsider order denying defendant Barut's seventh Motion to compel discovery [475-1]; certificate of service (bbb)
2003-09-29 480 0 Minutes - Miscellaneous EP: MINUTES: Defendant (07) Vanessa Barut's Motion to Reconsider Order Denying Defendant Barut's Seventh Motion to Compel Discovery - deft present on bail. Motion DENIED. Giglio disclosures due 10-14-03. Muehleck to prepare order. [475-1] ; Vanessa Barut, USA Attorney Thomas Muehleck, Glenn D. Choy, Myles S. Breiner present ( Ct Rptr: C6 Tape #1467) by Judge Barry M. Kurren (bbb)
2003-10-03 481 0 Motion in Limine Notice of Motion and MOTION in limine to exclude testimony and evidence regarding Edwin Barut ; declaration of counsel; certificate of service by defendant Vanessa Barut; Motion hearing set for 2:00 10/31/2003 SOM (bbb)
2003-10-03 482 0 Notice of Hearing NOTICE of hearing setting hearing on Motion to Withdraw Not Guilty Plea and to Plead Anew/Status Conference is set for 10/6/03 @ 3:00 p.m. SOM. Notified: Thomas Muehleck AUSA (04) Glenn Choy, and USM.; before Judge Susan O. Mollway (bbb)
2003-10-03 483 0 Notice of Hearing NOTICE of hearing setting hearing on Motion to Withdraw Not Guilty Plea and to Plead Anew is set for 10/10/03 @ 9:45 a.m. SOM. Notified: Thomas Muehleck AUSA and (08) William Harrison.; before Judge Susan O. Mollway (bbb)
2003-10-06 484 0 Minutes - Miscellaneous EP: MINUTES: CRIMINAL FINAL PRETRIAL CONFERENCE held. Defendants (01) Falaniko Uti and (07) Vanessa Barut not present, presence waived. Attorney Myles Breiner appeared for Attorney Gary Singh. Jury Trial before Judge Susan Oki Mollway on November 4, 2003 at 9:00.a.m.. Representations by counsel on trial time: The United States: 1 week(s) Defendant: (01) Falaniko Uti - 2-4 day(s) Defendant: (07) Vanessa Barut - 2-4 day(s) Fed. R. Crim. P. 16(a) (1) (C) (E) disclosures made as to Defendants: (01) Falaniko Uti and (07) Vanessa Barut 1. Fed. R. Evid. 404(b) : October 8, 2003 2. a. Motions in Limine filed and served by :October 15, 2003. b. Memoranda in opposition to motions in limine filed and served by: October 20, 2003. 3. Brady and Giglio Material by: October 15, 2003 4. a. Jury Instructions exchanged by October 15, 2003. d. Filings required by 4(b) & (c) by: October 22, 2003. 5. Witness Lists per stipulation by October 28, 2003. 6. Exhibits a. Parties will exchange exhibits. b. Original exhibits tabbed and in folders/binders, copy in folders/binders. 7. Stipulations: In writing and filed by October 22, 2003. 8. Voir Dire Questions: In writing by October 22, 2003. 9. Trial Briefs: by October 22, 2003. 10. Jencks Disclosures: No agreement as to this deadline, parties to meet and confer. 11. Other Matters: A copy of the CR Final Pretrial Conference Order mailed to all parties. Defendant (07) filed various Motions in Limine. 12. N/A Falaniko Uti, Vanessa Barut, USA Attorney Thomas Muehleck, Gurmail G. Singh, Myles S. Breiner ( Ct Rptr: C5 Tape #1177) by Judge Leslie E. Kobayashi (bbb)
2003-10-07 486 0 Witness List WITNESS list; certificate of service by defendant Vanessa Barut (bbb)
2003-10-07 487 0 Order EX PARTE APPLICATTION for writ of habeas corpus ad testificandu; declaration of ocunsel; proposed Order issuing writ of habeas corpus ad testificandum by defendant Vanessa Barut (re: Falaniko Uti) (bbb)
2003-10-07 488 0 Order EX PARTE APPLICATTION for writ of habeas corpus ad testificandum; declaration of counsel; proposed order issuing writ of habeas corpus ad testificandum by defendant Vanessa Barut (re: Alfredo Sepulveda) (bbb)
2003-10-07 489 0 Order EX PARTE APPLICATION for writ of habeas corpus ad testificandum; declaration of counsel; proposed Order issuing writ of habeas corpus ad testificandum by defendant Vanessa Barut (re: Fernando Gutierrez) (bbb)
2003-10-07 490 0 Order EX PARTE APPLICATION for writ of habeas corpus ad testificandum; declaration of counsel; proposed Order issuing writ of habeas corpus ad testificandum by defendant Vanessa Barut (re: Joseph Pajardo) (bbb)
2003-10-07 491 0 Order EX PARTE APPLICATION for writ of habeas corpus ad testificandum; declaration of counsel; proposed Order issuing writ of habeas corpus ad testificandum by defendant Vanessa Barut (re: Osovale Atapuai) (bbb)
2003-10-07 492 0 Order EX PARTE APPLICATION for writ of habeas corpus ad testificandum; declaration of counsel; proposed Order issuing writ of habeas corpus ad testificandum by defendant Vanessa Barut (re: Joe Sappa) (bbb)
2003-10-07 493 0 Order EX PARTE APPLICATION for writ of habeas corpus ad testificandum; declaration of counsel; proposed Order issuing writ of habeas corpus ad testificandum by defendant Vanessa Barut (re: Patrich Giles) (bbb)
2003-10-08 494 0 Order ORDER granting a writ of habeas corpus ad testificandum and ordering the appearance of Falaniko Uti at trial of defendant Vanessa Barut by Judge Susan O. Mollway re [487-1] (bbb)
2003-10-08 495 0 Writ of Habeas Corpus ad Prosequendum Issued WRIT of habeas corpus AD TESTIFICANDUM issued as to defendant Falaniko Uti (bbb) Modified on 10/08/2003
2003-10-08 496 0 Order ORDER granting a writ of habeas corpus ad testificandum and ordering the appearance of Alfredo Sepulveda at trial of defendant Vanessa Barut by Judge Susan O. Mollway re [488-1] (bbb)
2003-10-08 497 0 Writ of Habeas Corpus ad Prosequendum Issued Vanessa Barut's WRIT of habeas corpus AD TESTIFICANDUM issued as to defendant Alfredo Sepulveda (bbb)
2003-10-08 498 0 Order ORDER granting a writ of habeas corpus ad testificandum and ordering the appearance of Fernando Gutierrez at trial of defendant Vanessa Barut by Judge Susan O. Mollway [489-1] (bbb) Modified on 10/08/2003
2003-10-08 499 0 Writ of Habeas Corpus ad Prosequendum Issued Defendant Vanessa Barut's WRIT of habeas corpus AD TESTIFICANDUM issued as to defendant Fernando Gutierrez (bbb)
2003-10-08 500 0 Order ORDER granting a writ of habeas corpus ad testificandum and ordering the appearance of Joseph Pajardo at trial of defendant Vanessa Barut by Judge Susan O. Mollway re [490-1] (bbb)
2003-10-08 501 0 Writ of Habeas Corpus ad Prosequendum Issued Defendant Vanessa Barut's WRIT of habeas corpus AD TESTIFICANDUM issued as to defendant Joseph Pajardo (bbb)
2003-10-08 502 0 Order ORDER granting a writ of habeas corpus ad testificandum and ordering the appearance of Osovale Atapuai at trial of defendant Vanessa Barut by Judge Susan O. Mollway re [491-1] (bbb)
2003-10-08 503 0 Writ of Habeas Corpus ad Prosequendum Issued Defendant Vanessa Barut's WRIT of habeas corpus AD TESTIFICANDUM issued as to defendant Osovale Atapuai (bbb)
2003-10-08 504 0 Order ORDER granting a writ of habeas corpus ad testificandum and ordering the appearance of Joe Sappa at trial of defendant Vanessa Barut by Judge Susan O. Mollway re [492-1] (bbb)
2003-10-08 505 0 Writ of Habeas Corpus ad Prosequendum Issued Defendant Vanessa Barut's WRIT of habeas corpus AD TESTIFICANDUM issued as to defendant Joe Sappa (bbb)
2003-10-08 506 0 Order ORDER granting a writ of habeas corpus ad testificandum and ordering the appearance of Patrich Giles at trial of defendant Vanessa Barut by Judge Susan O. Mollway re [493-1] (bbb)
2003-10-08 507 0 Writ of Habeas Corpus ad Prosequendum Issued Defendant Vanessa Barut's WRIT of habeas corpus AD TESTIFICANDUM issued as to defendant Patrich Giles (bbb)
2003-10-08 508 0 Miscellaneous Document Report of Final Pretrial Conference, Minutes and Order as to Falaniko Uti, Vanessa Barut by Mag Judge Leslie E. Kobayashi (cc: all counsel) (bbb)
2003-10-09 509 0 Motion in Limine Notice in limine; MOTION in limine to preclude impeachment of special agent Rothermund by USA as to Vanessa Barut ; Motion hearing set for 2:00 10/31/2003 SOM (bbb)
2003-10-09 510 0 Notice of Hearing NOTICE of hearing setting hearing on Motion to Withdraw Not Guilty Plea and to Plead Anew set for 10/10/03 @ 9:45 a.m. SOM is continued to 10/27/03 @ 2:15 p.m. SOM. Notified: Thomas Muehleck AUSA, (08) William Harrison, and USM.; before Judge Susan O. Mollway (bbb)
2003-10-10 511 0 Notice of Hearing NOTICE of hearing setting hearing on Motion to Withdraw Not Guilty Plea and to Plead Anew is set for 10/15/03 @ 9:00 a.m. SOM. Notified: Thomas Muehleck AUSA and (01) Gary Singh.; before Judge Susan O. Mollway (bbb)
2003-10-10 512 0 Notice of Hearing NOTICE of hearing setting hearing on Final Pretrial Conference is set for 10/31/03 @ 2:00 p.m. SOM. Notified: Thomas Muehleck AUSA and (07) Myles Breiner.; before Judge Susan O. Mollway (bbb)
2003-10-10 513 0 Errata United States' correction to report of final pretrial conference minutes and order [508-1]; certificate of service (bbb)
2003-10-14 514 0 Jury Instructions defendant Vanessa Barut's requested JURY Instructions; certificate of service (bbb)
2003-10-14 515 0 Voir Dire Questions defendant Vanessa Barut's requested Voir Dire; certificate of service (bbb)
2003-10-16 518 0 Motion in Limine Notice in limine; MOTION in limine to preclude impeachment of Fernando Gutierrez and Alfredo Sepulveda by USA as to Vanessa Barut ; certificate of service; Motion hearing set for 2:00 10/31/2003 SOM (bbb)
2003-10-24 520 0 Response/Reply - Miscellaneous United States OBJECTIONS to defendant's voir dire [515-1]; certificate of service (bbb)
2003-10-27 521 0 Notice of Hearing NOTICE of hearing setting hearing on Motion to Withdraw Not Guilty Plea and to Plead Anew set for 10/27/03 @ 2:15 p.m. SOM is continued to 10/3103 @ 1:30 p.m. SOM. Notified: Florence Nakakuni AUSA for Thomas Muehleck AUSA, (08) William Harrison, USM, and USPO. before Judge Susan O. Mollway (bbb)
2003-10-28 522 0 Motion to Compel Notice of Motion and MOTION to compel grand jury testimony and statements by defendant Vanessa Barut ; declaration of counsel; certificate of service - Motion hearing set for 10/31/03 @ 2 SOM (eps)
2003-10-28 523 0 Motion to Compel Notice of Motion and MOTION to compel DEA debriefing reports of co-defendants by defendant Vanessa Barut ; declaration of counsel; certificate of service - Motion hearing set for 10/31/03 @ 2 SOM (eps)
2003-10-28 524 0 Minutes - Miscellaneous EO: MINUTES: Telephone Conference set for 10/29/2003 08:30:00 AM before SOM. Notified: Thomas Muehleck AUSA and Myles Breiner. by Judge Susan Oki Mollway (gab)
2003-10-29 525 0 Minutes - Miscellaneous EP: MINUTES: Telephone Conference - Defendant (07) Vanessa Barut not present. Discussion held re: scheduling. Jury Selection/Trial set for 11/4/03 @ 9:00 a.m. SOM is continued to 12/2/03 @ 9:00 a.m. SOM. Mr. Muehleck to prepare the stipulation to continue and to exclude time. Motions in Limine, Motion to Compel DEA Debriefing Reports of Co-Defendants, Motion to Compel Grand Jury Testimony and Statements, and Pretrial Conference set for 10/31/03 @ 2:00 p.m. SOM are continued to 11/21/03 @ 2:00 p.m. ; Vanessa Barut Attorney Myles S. Breiner (by phone), Thomas Muehleck (by phone) present ( Ct Rptr: In Chambers) by Judge Susan Oki Mollway (gab)
2003-10-29 526 0 Witness List Government's WITNESS list (gab)
2003-10-29 527 0 Order ORDER by Mag Judge Barry M. Kurren denying defendant Vanessa Barut's motion for reconsideration of defendant's seventh Motion to compel discovery [475-1]; certificate of service (gab)
2003-11-05 530 0 Stipulation and Order STIPULATION to continue trial date and to exclude time; order by Judge Susan O. Mollway ; jury trial set for 9:00 12/2/03 for Vanessa Barut , time excluded between 11/04/2003 thru 12/02/2003 (bbb)
2003-11-03 531 0 Motion to Compel Notice of Motion; Defendant Barut's eighth MOTION to compel discovery ; declaration of counsel; exhibit a; certificate of service; Motion hearing set for 2:00 11/21/2003 SOM (bbb) Modified on 11/12/2003
2003-11-06 532 0 Notice of Hearing NOTICE of hearing setting hearing on Sentencing as to Count 1 of the First Superseding Indictment set for 12/8/03 @ 1:30 p.m. SOM is continued to 12/15/03 @ 1:30 p.m. SOM. Notified: Thomas Muehleck AUSA and (02) Pamela O'Leary Tower. Ms. Tower to prepare the stipulation before Judge Susan O. Mollway (bbb)
2003-11-06 533 0 Notice of Hearing NOTICE of hearing setting hearing on Sentencing as to Count 1 of the Superseding Indictment and Defendant's Motion to Strike Penalty Enhancement set for 12/8/03 @ 3:00 p.m. are continued to 1/20/04 @ 2:15 p.m. SOM. Notified: Thomas Muehleck AUSA and (03) Reginald Minn. Mr. Minn to prepare the stipulation. [291-1] before Judge Susan O. Mollway (bbb)
2003-11-06 534 0 Notice of Hearing NOTICE of hearing setting hearing onsetting hearing on Motions in Limine and Motions to Compel set for 11/21/03 @ 2:00 p.m. SOM are rescheduled to 11/10/03 @ 9:45 a.m. SOM.: motion to compel discovery [531-1], motion to compel DEA debriefing reports of co-defendants [523-1], motion to compel grand jury testimony and statements [522-1] motion exclude testimony and evidence regarding Edwin Barut [481-1]; Notified: Thomas Muehleck AUSA and (07) Myles Breiner. before Judge Susan O. Mollway (bbb)
2003-11-06 535 0 Minutes - Miscellaneous EO: MINUTES: Defendants Vanessa Barut and Joseph Pajardo's Joinders in Defendant Gutierrez's Motion to Strike Penalty Enhancement set for 12/8/03 @ 3:00 p.m. are withdrawn per Mr. Myles Breiner and Mr. Glenn Choy. cc: Thomas Muehleck AUSA, (04) Glenn Choy, (07) Myles Breiner, and USPO.: re [291-1] withdrawing join/joinder [367-1], withdrawing join/joinder [290-1] by Judge Susan O. Mollway (bbb)
2003-11-06 536 0 Stipulation and Order STIPULATION and order continuing sentencing date for defendant Alfredo Sepuleda by Judge Susan O. Mollway ; sentencing hearing set for 1:30 12/15/03 for Alfredo Sepulveda (bbb)
2003-11-06 537 0 Response in Opposition United States' opposition to defendant's motion to compel [522-1]; certificate of service (bbb)
2003-11-07 538 0 Response in Opposition United States' OPPOSITION to defendant's eighth motion to compel discovery and to produce drug enforcement administration reports [531-1]; certificate of service (bbb)
2003-11-10 539 0 Minutes - Miscellaneous EP: MINUTES: Motions in Limine; Motions to Compel; Pretrial Conference - Defendant (07) Vanessa Barut not present, and her presence is waived for purposes of this hearing. Arguments. 1) Defendant (07) Vanessa Barut's Motion in Limine No. 1- Granted in part, Denied in part, and withdrawn or rendered irrelevant as to remaining parts. The witness exclusion rule will be enforced, except that the DEA case agent may attend the entire trial. Offers of proof must be made out of the hearing of the jury, but this ruling does not preclude reference to trial evidence during opening statement, except as stated in the court's rulings. Evidence suppressed in the court's earlier ruling may not be referred to unless Defendant testifies contrary to the suppressed statements, in which event those statements may be used for impeachment pursuant to Supreme Court decisions. The government may not refer to Edwin Barut's criminal history in opening statement and must obtain a court ruling before offering evidence concerning his criminal history. The court denies or finds premature or overbroad other matters requested in the motion that have not been withdrawn. [437-1], 2) Defendant (07) Vanessa Barut's Motion in Limine to Exclude Redacted Report Regarding Debriefing of Joseph Pajardo, Dated 10/24/01 - Denied, but the government may not refer to the content of the Pajardo debriefing in opening statement and must seek leave of court before offering any evidence of the content of that debriefing. [438-1], 3) Defendant (07) Vanessa Barut's Motion in Limine to Exclude any Testimony Regarding Defendant's Post-Machine Interview on 5/30/01 - Granted, unless Defendant testifies contrary to the suppressed statements, in which event those statements may be used for impeachment pursuant to Supreme Court decisions. [439-1], 4) Defendant (07) Vanessa Barut's Motion in Limine to Exclude Testimony and Evidence Regarding Edwin Barut -Granted in part and Denied in part. The government may not refer to Edwin Barut's criminal history in opening statement and must obtain a court ruling before offering evidence concerning his criminal history. [481-1], 5) Government's Motion in Limine to Preclude Impeachment of Special Agent Rothermund - Granted. [509-1], 6) Government's Motion in Limine to Preclude Impeachment of Fernando Gutierrez and Alfredo Sepulveda - Granted. [518-1], 7) Defendant's Motion to Compel DEA Debriefing Reports of Co-Defendants -Denied except that the government must provide Jencks Act material before witnesses are subjected to cross-examination. [523-1], 8) Defendant's Motion to Compel Grand Jury Testimony and Statements - Denied except that the government must provide Jencks Act material before witnesses are subjected to cross-examination. [522-1], 9) Defendant's 8th Motion to Compel Discovery - Granted in part and Denied in part. The government must provide Jencks Act material before witnesses are subjected to cross-examination. Scientific or laboratory reports and routine business records, such as telephone and banking records, must be made available to Defendant, if not previously made available. For testifying co-defendants, the government shall redact the Presentence Investigation Reports so that only portions of the reports that contain summaries of statements by those testifying co-defendants, whether to the government or to the Probation Office, are provided to Defendant. The government shall provide its redacted PSRs to the court for in camera review no later than November 14, 2003, and then, upon the court's direction after the court has reviewed the proposed redactions, to defense counsel. The attorneys are cautioned that the PSRs are in draft form only. [531-1]; Pretrial Conference - Discussion held. cc: Thomas Muehleck AUSA and Myles Breiner.; Vanessa Barut, USA Attorney Thomas Muehleck, Myles S. Breiner present ( Ct Rptr: Debra Chun) by Judge Susan O. Mollway (bbb)
2003-11-12 540 0 Stipulation and Order STIPULATION and order to continue defendant Fernando Gutierrez' sentencing hearing and hearing on motion to strike penalty enhancement [291-1] by Judge Susan O. Mollway; sentencing hearing set for 2:15 1/20/04 for Fernando Gutierrez (bbb)
2003-11-13 541 0 Witness List Amended Government's WITNESS list (bbb)
2003-12-01 542 0 Witness List SECOND AMENDED GOVERNMENT'S WITNESS list by plaintiff USA as to USA vs. Vanessa Barut (afc)
2003-12-01 544 0 Jury Instructions JOINT PROPOSED JURY Instructions - filed by plaintiff USA (re: USA vs. (07) Vanessa Barut) (afc)
2003-12-02 545 0 Minutes - Miscellaneous EP: MINUTES: JURY SELECTION/TRIAL - 66 jurors are present. 12 jurors and two alternates were selected. Further jury trial is continued to December 3, 2003 @ 9:00 a.m. jury trial held on 12/2/03 , jury impaneled ; Vanessa Barut, USA Attorney Thomas Muehleck, Michael Rothermund-DEA, Myles S. Breiner present ( Ct Rptr: Debra Chun) by Judge Susan O. Mollway (bbb)
2003-12-03 546 0 Minutes - Miscellaneous EP: MINUTES: Further Jury Trial - 2nd Day - Defendant (07) Vanessa Barut present. 12 Jurors and 2 alternates present. Jurors sworn. Court preliminarily instructs the jurors. Opening statement by the government. Jurors not present - Defendant's Motion for a Mistrial - Denied. Opening statement by the defendant. Government's Witnesses: James Yuen CST. Further Jury Trial continued to 12/4/03 @ 9:00 a.m. SOM.; Vanessa Barut, USA Attorney Thomas Muehleck, Michael Rothermund-DEA, Myles S. Breiner present ( Ct Rptr: Debra Chun) by Judge Susan O. Mollway (bbb)
2003-12-04 547 0 Minutes - Miscellaneous EP: MINUTES: Further Jury Trial - 3rd Day - Defendant (07) Vanessa Barut present. Discussion held without the jurors re: discovery. Defendant's Motion for Mistrial - Denied. 10:00 a.m. - Jurors present. Government's Witnesses: James Yuen (resumed), Michael Rehfeldt CST, Peter Nakagawa CST, Rosalie Lenchanko CST, Frank Okamura CST, Damien Freitas CST, Fernando Gutierrez CST, and John Chappell. Government's Admitted Exhibits: 10, 5, 6, 1, 2A, 2B, 3B, 7, 3A, 4, 15, 16, 11, 12, 13 and 8. Further Jury Trial continued to 12/5/03 @ 9:00 a.m.; Vanessa Barut, USA Attorney Thomas Muehleck, Michael Rothermund-DEA, Myles S. Breiner present ( Ct Rptr: Debra Chun) by Judge Susan O. Mollway (bbb)
2003-12-05 548 0 Minutes - Miscellaneous EP: MINUTES: Further Jury Trial - 4th Day - Defendant (07) Vanessa Barut present. 12 Jurors and 2 alternates present. Government's Witnesses: James Watson CST, and Michael Hall (Expert in fingerprint comparison and latent fingerprint identification) CST. Government's Admitted Exhibits: 14. Government rests (10:40 a.m.) Jurors not present. Defendant's Motion to Dismiss for Lack of Evidence and for Judgment of Acquittal - Denied. Jurors excused and instructed to report on 12/16/03 @ 9:00 a.m. Settling of jury instructions. Defendant Vanessa Barut not present. Jury instructions to be placed on the record on 12/12/03 @ 9:00 a.m. SOM.; Vanessa Barut, USA Attorney Thomas Muehleck, Michael Rothermund-DEA, Myles S. Breiner present ( Ct Rptr: Debra Chun) by Judge Susan O. Mollway (bbb)
2003-12-05 549 0 Notice of Hearing NOTICE of hearing setting hearing on Sentencing as to Count 1 of the First Superseding Indictment set for 12/8/03 @ 2:15 p.m. SOM is continued to 6/1/04 @ 3:45 p.m. SOM. Notified: Thomas Muehleck AUSA, (05) Richard Wurdeman, USM, and USPO. Mr. Wurdeman to prepare the stipulation. before Judge Susan O. Mollway (bbb)
2003-12-10 550 0 Motion in Limine Notice of Motion; MOTION in limine to preclude defense use of prior consistent statement of Joseph Pajardo by USA as to Vanessa Barut ; exhibits a-b; Motion hearing set for 9:00 12/12/2003 SOM (bbb)
2003-12-12 551 0 Response in Opposition United States' OPPOSITION to defendant (06) JOE SAPPA's motion for downward departure; certificate of service [453-1] (afc)
2003-12-12 554 0 Minutes - Miscellaneous EP: MINUTES: (As to Defendant (07) Vanessa Barut)- Settling of Jury Instructions-Defendant's Presence Waived. Objections to the Jury Instructions were placed on the Record. Plaintiff United States of America's Motion in Limine to preclude Defense use of prior consistent statements of Joseph Pajardo-Defendant's Presence Waived. Oral Argument Held. This Motion is hereby Granted. Counsel are to be prepared on Tuesday, December 16, 2003 to discuss with this Court the form of the Indictment. [550-1] ; Vanessa Barut Attorney Myles S. Breiner, Thomas Muehleck present ( Ct Rptr: Debra Chun) by Judge Susan Oki Mollway (gab)
2003-12-17 556 0 Minutes - Miscellaneous EP: MINUTES: Telephone Conference - Defendant (07) Vanessa Barut not present, and her presence is waived for purposes of this hearing. Discussion held re: rebuttal witnesses. Court will allow the government to call rebuttal witnesses over defendant's objection. Court imposes a time limit of 30 minutes total for the government's direct and re-direct examination of rebuttal witnesses. This time limit may be extended upon request. Court allows both parties 50 minutes for closing arguments. Parties to report to Court 12/18/03 @ 8:45 a.m. for settling additional jury instructions. ; Vanessa Barut Attorney Myles S. Breiner, Thomas Muehleck present ( Ct Rptr: Debra Chun) by Judge Susan Oki Mollway (gab)
2003-12-16 557 0 Minutes - Miscellaneous EP: MINUTES: Further Jury Trial - 5th Day - Jurors present. Defendant (07) Vanessa Barut present. Defendant's Witnesses: Joseph Pajardo, present with counsel Glenn Choy, CST; and Warren Yoshimoto CST. Government's Admitted Exhibit: 17. Jurors not present. Court advised the defendant of her right to testify or not to testify. Defendant elects to testify. Additional Defendant's Witness: Vanessa Barut CST. Additional Government's Admitted Exhibits: 18. Defendant rests (4:25 p.m.) Jurors excused. Discussion held re: government's rebuttal witness. Further Jury Trial continued to 12/18/03 @ 9:00 a.m.; Vanessa Barut, USA Attorney Thomas Muehleck, Michael Rothermund-DEA, Myles S. Breiner present ( Ct Rptr: Debra Chun) by Judge Susan O. Mollway (bbb)
2003-12-18 558 0 Minutes - Miscellaneous EP: MINUTES: Further Jury Trial - 6th Day - Defendant (07) Vanessa Barut present. Further jury instructions placed on the record. Government's Rebuttal Witnesses: Janice Niederhofer CST, Rosalie Lenchanko (resumed), Ty Torco CST. Government's Admitted Exhibits: 18a, 19. Evidence is closed. Jury instructions read by the Court. No objections to the manner or order in which the jury instructions were read. Closing arguments by the parties. Bailiff sworn. Court excused Alternates 1 and 2. Jurors begin their deliberation (3:40 p.m.) Further Jury Deliberation continued to 12/19/03 @ 9:00 a.m. SOM.; Vanessa Barut, USA Attorney Thomas Muehleck, Michael Rothermund-DEA, Myles S. Breiner present ( Ct Rptr: Debra Chun) by Judge Susan O. Mollway (bbb)
2003-12-18 559 0 Jury Instructions JURY Instructions by plaintiff USA (bbb)
2003-12-19 560 0 Minutes - Miscellaneous EP: MINUTES: Further Jury Deliberation - 2nd Day - Bailiff Robert Silva sworn. Jurors present and continue their deliberation. Note from the Jury #1 - addressed and responded to. Jurors have reached a verdict (3:05 p.m.) 3:25 p.m. - Defendant (07) Vanessa Barut present. Verdict published. As to Count 1 - Not Guilty; As to Count 8 - Guilty. Jurors polled, and the verdict is unanimous. Jurors discharged. ; Referred for presentence investigation and report, and sentencing is set for 6/21/03 @ 3:45 p.m. SOM. Discussion held re: bail status of the defendant. Court finds by clear and convincing evidence that the defendant is not a flight risk, nor a danger to the community. Court also finds exceptional circumstances that detention is not appropriate. Defendant to remain out on bail with the same conditions to apply until 1/12/04. A Bail Hearing is set for 1/12/04 @ 11:15 a.m. SOM. Parties may submit briefs by 1/5/04. Government has the option of filing an appeal ; Vanessa Barut, USA Attorney Thomas Muehleck, Myles S. Breiner present (Ct Rptr: Debra Chun) by Judge Mollway (gs)
2003-12-19 561 0 Jury Notes NOTE FROM JURY (gs)
2003-12-19 562 0 Response to Motion RESPONSE to Note from the Jury [561-1] (gs)
2003-12-19 563 0 Jury Verdict VERDICT as to Vanessa Barut (gs)
2003-12-22 564 0 Notice of Hearing NOTICE - Continued bail hearing set for 1/12/03 @ 11:15 a.m. SOM is continued to 1/16/04 @ 3:00 p.m. SOM for Vanessa Barut (gs)
2003-12-23 566 0 Notice of Hearing NOTICE of hearing setting hearing on Sentencing as to Counts 1 and 9 of the Third Superseding Indictment set for 4/19/04 @ 3:00 p.m. SOM is continued to 4/23/04 @ 3:00 p.m. SOM. Notified: Thomas Muehleck AUSA and (10) Gary Singh. (bbb)
2003-12-23 567 0 Response in Support MEMORANDUM in support of defendant Barut's release pending sentencing [560-5]; certificate of service (bbb)
2003-12-23 569 0 Order EX PARTE MOTION for extension of time to file motion for new trial ; declaration of counsel; order granting ex parte motion for extension of time to file motion for new trial; certificate of service; Order by Judge Susan O. Mollway by deft VANESSA BARUT (bbb)
2003-12-29 570 0 Order JUDGMENT of acquittal by Judge Susan O. Mollway as to Vanessa Barut (cc: all counsel) (bbb) Modified on 01/12/2004 2010-02-15 02:12:42 388bcae763fea5110a9fcba2167f841a1bb5bec4
2004-01-05 572 0 Motion for Miscellaneous Relief Government's MOTION to detain defendant pending sentencing as to Vanessa Barut ; certificate of service (bbb)
2004-01-14 580 0 Notice of Hearing NOTICE of hearing setting hearing on Continued Bail Hearing set for 1/16/04 @ 3:00 p.m. SOM is rescheduled to 10:30 a.m. the same day. Notified: Thomas Muehleck AUSA and (07) Myles Breiner. (bbb)
2004-01-16 583 0 Minutes - Miscellaneous EP: MINUTES: Motion to Detain Defendant Pending Sentencing - Defendant (07) Vanessa Barut present. Discussion held re: issues the defendant intends to raise on appeal. Mr. Breiner to file the motion for new trial by 9:00 a.m. on 1/26/04. Motion to Detain Defendant Pending Sentencing is continued, and to be set for hearing at the same time as the Motion for New Trial on 2/18/04 @ 1:30 p.m. SOM. Government's response is due in the normal course. Defendant to remain out on bail with the same conditions to apply. [572-1] ; Vanessa Barut, USA Attorney Thomas Muehleck, Myles S. Breiner, Julie Wall-PTS present ( Ct Rptr: Debra Chun) by Judge Susan O. Mollway (bbb)
2004-01-23 586 0 Notice of Hearing NOTICE of hearing setting hearing on Sentencing as to Count 1 of the First Superseding Indictment set for 2/2/04 @ 1:30 p.m. SOM is continued to 2/23/04 @ 2:15 p.m. SOM. Notified: Thomas Muehleck AUSA and (05) Richard Wurdeman. Mr. Wurdeman to prepare the stipulation. (bbb)
2004-01-23 587 0 Motion for New Trial Notice of Motion; MOTION for new trial by Vanessa Barut ; memorandum in support of motion; declaration of Myles S. Breiner; statement of proposed witnesses; certificate of services; Motion hearing set for 1:30 02/18/2004 SOM (bbb)
2004-01-23 588 0 Motion to Withdraw as Attorney Notice of hearing; MOTION for withdrawal and appointment of counsel by defendant Vanessa Barut ; declaration of counsel; certificate of service; Motion hearing set for 10:30 01/30/2004 SOM (bbb)
2004-01-30 592 0 Minutes - Miscellaneous EP: MINUTES: Motion for Withdrawal and Appointment of Counsel - Defendant (07) Vanessa Barut present. Discussion held. Court informed parties that it received a letter from the Defendant, and had it placed under seal. Motion for Withdrawal and Appointment of Counsel - Granted. The withdrawal will not take effect until new counsel is appointed. Peter Wolff addressed the Court. Defendant sworn to financial affidavit. Discussion held re: whether or not a conflict exists if the FPD represents this defendant. Mr. Wolff to advise the Court later today if a conflict does exist. 12:15 p.m. - Mr. Wolff informed the CRM that potentially a conflict may exist if he represents the defendant. A panel attorney will be appointed. [588-1]; Vanessa Barut, USA Attorney Thomas Muehleck, Myles S. Breiner, Peter Wolff present ( Ct Rptr: Debra Chun) by Judge Susan O. Mollway (bbb)
2004-01-30 593 0 Financial Affidavit - CJA23 FINANCIAL Affidavit as to Vanessa Barut (bbb)
2004-01-30 594 0 CJA 20 - Appointment CJA Form 20 Copy 4 (Appointment of Counsel) as to defendant Vanessa Barut Attorney Stuart N. Fujioka replacing Myles S. Breiner for Vanessa Barut (bbb)
2004-02-09 595 0 Response to Motion United States' RESPONSE to defendant's motion for new trial by Vanessa Barut [587-1]; exhibits 1 and 2; certificate of service (bbb)
2004-02-09 596 0 Order EX PARTE APPLICATION for issuance of subpoenas, payment of witness fees and sealing of all papers; declaration of counsel; exbhibits a-c; Order by Judge Susan O. Mollway permitting issuance of subpoena duces tecum, payment of witness fees and sealing of all papers by defendant Vanessa Barut (SEALED) (bbb)
2004-02-09 597 0 Order EX PARTE APPLICATION for writ of habeas corpus ad testificandum; declaration of counsel; exhibit a; Order by Judge Susan O. Mollway issuing writ of habeas corpus ad testificandum by defendant Vanessa Barut (SEALED) (bbb)
2004-02-09 598 0 Writ of Habeas Corpus ad Prosequendum Issued WRIT of habeas corpus AD TESTIFICANDUM issued by defendant Vanessa Barut (SEALED) (bbb) Modified on 02/10/2004
2004-02-17 601 0 Motion to Continue Notice of hearing on defendant's MOTION to continue 02/18/04 hearing on motions: to detain defendant; and motion for new trial by defendant Vanessa Barut i; declaration of counsel; certificate of service; Motion hearing set for 1:30 02/18/2004 SOM (bbb)
2004-02-18 603 0 Minutes - Miscellaneous EP: MINUTES: 1) Defendant Vanessa Barut's Motion for New Trial. 2) Motion to Detain Defendant Pending Sentencing. 3) Defendant's Motion To Continue 2/18/2004 Hearing on Motions; To Detain Defendant; and Motion For New Trial: Defendant present with counsel Stuart Fujioka. Arguments made. Defendant's Motion To Continue 2/18/2004 Hearing on Motions To Detain Defendant and Motion For New Trial GRANTED. Hearing continued to February 26, 2004 at 1:30 p.m. Bail: Status of Ms. Barut's bail is continued. [601-1], [587-1] [572-1]; Vanessa Barut, USA Attorney Thomas Muehleck, Stuart N. Fujioka present ( Ct Rptr: Debra Chun) by Judge Susan O. Mollway (bbb)
2004-02-20 605 0 Order Second EX PARTE APPLICATION for writ of habeas corpus ad testificandum; declaration of counsel; exhibit a; Order issuing writ of habeas corpus ad testificandum by Judge Susan O. Mollway by defendant Vanessa Barut (SEALED) (bbb)
2004-02-20 606 0 Writ of Habeas Corpus ad Prosequendum Issued WRIT of habeas corpus AD TESTIFICANDUM issued by defendant (07) Vanessa Barut (SEALED) (bbb)
2004-02-20 607 0 Order Second EX PARTE APPLICATION for issuance of subpoenas, payment of witness fees and sealing of all papers; declaration of counsel; exhibits a-c; Order permitting issuance of subpoena duces tecum, payment of witness fees and sealing of all papers by Judge Susan O. Mollway (SEALED) by Vanessa Barut by defendant Vanessa Barut re [606-1], re [605-1] (cc: all counsel) (bbb)
2004-02-23 612 0 Order ORDER denying motion to continue sentencing hearing but granting an extension until noon on February 27, 2003 for submission of sentencing statement by Judge Susan O. Mollway [611-1] (cc: all counsel) (bbb)
2004-02-23 614 0 Stipulation and Order STIPULATION and order continuing sentencing hearing from 3:45 06/01/04 SOM to 1:30 02/02/04 SOM by Judge Susan O. Mollway as to deft (05) Osovale Atapuai (bbb)
2004-02-23 615 0 Stipulation and Order STIPULATION and order continuing sentencing hearing from 1:30 02/02/04 SOM to 2:15 02/23/04 SOM by Judge Susan O. Mollway re [614-1] as to deft (05) Osovale Atapuai (bbb)
2004-02-26 617 0 Minutes - Miscellaneous EP: MINUTES: Defendant's Motion for New Trial; Motion to Detain Defendant Pending Sentencing - Defendant (07) Vanessa Barut present. Defendant's Motion for New Trial - Defendant's Witness: Joseph Pajardo (in custody, with counsel Glenn Choy) CST. Court advised Mr. Pajardo of his right to invoke the 5th amendment. Mr. Pajardo invokes his 5th amendment right. Discussion held re: attorney/client privilege, newly discovered evidence etc. Additional Defendant's Witness: Myles Breiner CST. Defendant's witness Jerry Wilson is not present, and is ill. Mr. Fujioka to submit a declaration of Jerry Wilson no later than 10:30 a.m. 3/1/04. Government may file a counter declaration no later than 10:30 a.m. 3/3/04. Documents to be served upon opposing counsel by fax. Defendant's Motion for New Trial and Motion to Detain Defendant Pending Sentencing are continued to 3/4/04 @ 1:30 p.m. [587-1] ; motion hearing set for 1:30 3/4/04 ; Vanessa Barut, Thomas Muehleck, Stuart N. Fujioka, USPTS Julie Wall present ( Ct Rptr: Chun) by Judge Susan Oki Mollway (fe)
2004-03-01 619 0 DECLARATION of Stuart N. Fujioka re: Jerry Wilson, Esq. re [617-1]; certificate of service (fe)
2004-03-02 621 0 Memorandum in Support of Motion MEMORANDUM by defendant Vanessa Barut to the Bench re: assertion of attorney-client privilege by Joseph Pajardo [617-1]; exhibits a-c; certificate of service [SEALED] (fe)
2004-03-04 626 0 Minutes - Miscellaneous EP: MINUTES: Continued Hearing on Defendant Vanessa Barut's Motion for New Trial; Motion to Detain Defendant Pending Sentencing - Defendant (07) Vanessa Barut present. Defendant's Witness: Jerry Isaac Wilson CST. Government not allowed to conduct cross examination to the extent it is entitled to. Court strikes Mr. Wilson's testimony. Arguments. Defendant Vanessa Barut's Motion for New Trial - Denied [587-1]. Court to prepare a written order. Motion to Detain Defendant Pending Sentencing - Arguments. Motion to Detain Defendant Pending Sentencing - Denied over government's objection [572-1]. Defendant is not a flight risk, nor a danger to the community. Defendant to remain out on bail apply pending sentencing, with the same conditions to apply. (07) Vanessa Barut, USA Attorney Thomas Muehleck, atty (07) Stuart N. Fujioka, atty (04) Glenn Choy for Joseph Pajardo; DEA Michael Rothermund; USPTS Julie Wall present (Ct Rptr: Cynthia Fazio) by Judge Susan Oki Mollway (afc)
2004-03-08 629 0 Notice of Hearing NOTICE of hearing setting hearing on: CR 01-00160SOM USA vs. (06) Joe Sappa AMENDED: Continued Sentencing as to Count 1 of the Indictment; Government's Motion for Downward Departure; and Defendant's Motion to Withdraw Guilty Plea set for 3/8/04 @ 9:45 a.m. SOM are continued to 3/10/94 @ 9:45 a.m. SOM. Notified: Thomas Muehleck AUSA, (06) Clifford Hunt, USM, and USPO. [599-1] [618-1] (eps)
2004-03-08 630 0 Order ORDER by Judge Susan O. Mollway denying defendant Vanessa Baru's motion for new trial [587-1] and denying government's motion to detain defendant pending sentencing as to Vanessa Barut [572-1] (cc: all counsel) (eps)
2004-03-10 631 0 Notice of Hearing NOTICE of hearing setting hearing on: CR 01-00160SOM USA vs. (06) Joe Sappa Continued Sentencing as to Count 1 of the Indictment; Governtment's Motion for Downward Departure; and Defendant's Motion to Withdraw Guilty Plea set for 3/10/04 @ 9:45 a.m. SOM are continued to 3/17/04 @ 9:00 a.m. SOM. Notified: Thomas Muehleck AUSA, (06) Clifford Hunt and USM [618-1] (eps)
2004-03-18 636 0 Response to Motion RESPONSE by plaintiff USA regarding defendant Joseph Pajardo's motion for downward departure [633-1]; certificate of service (fe)
2004-03-31 641 0 CJA 24 - Authorization to Pay CJA FORM 24 (Authorization and Voucher for Transcript Payment) for Debra Chun Voucher # 040331000026 in the amount of $44.55 ( 2/26/04) for Vanessa Barut by Judge Susan Oki Mollway (eps)
2004-03-31 642 0 CJA 24 - Authorization to Pay CJA FORM 24 (Authorization and Voucher for Transcript Payment) for Cynthia Fazio Voucher # 040331000025 in the amount of $42.35 ( 3/4/04) for Vanessa Barut by Judge Susan Oki Mollway (eps)
2004-04-07 651 0 Notice of Hearing NOTICE of hearing setting hearing on ; sentencing as to Counts 1 and 9 of the Third Superseding Indictment set for 4/23/04 @ 3:00 p.m. SOM is rescheduled to 3:00 4/19/04 for Falaniko Uti before Judge Susan Oki Mollway (gab)
2004-04-12 652 0 Appeal - Miscellaneous ORDER FOR TIME SCHEDULE as to deft. Joseph Pajardo (04) RT to be ordered by 4/28/04 ;RT to be filed by 5/28/04 ; Aplnt's brief to be filed by 7/7/04 ;Aple's brief to be filed by 8/6/04 ;Aplnt's opt reply brief to be filed by 8/20/04 (cc: Clerk, 9CCA, all Court Reporters) Notice of Appeal sent to Clerk, 9CCA and all counsel (gab)
2004-04-15 658 0 Notice of Hearing NOTICE - Final pretrial conference set for 4/19/04 @ 10:00 a.m. KSC is continued to 5/10/04 @ 10:00 a.m. KSC for Joe Sappa (gs)
2004-04-20 661 0 Memorandum in Opposition to Motion United States opposition to Defendant's motion by defendant (06) Joe Sappa to suppress statements [647-1]; exhibit 1; certificate of service (gab)
2004-04-22 663 0 Response in Opposition United States' opposition to defendant (06) Joe Sappa's motion to suppress evidence [646-1] and for hearing pursuant to Franks v. Delaware, 438 U.S. 154 (1978); exhibit 1; certificate of service (gab)
2004-04-23 664 0 Notice of Hearing NOTICE of hearing setting hearing onsetting hearing on Motion to Suppress Evidence and Motion to Suppress Statements set for 5/6/04 @ 1:30 p.m. SOM are continued to 5/7/04 @ 9:00 a.m. SOM. Notified: Thomas Muehleck AUSA and (06) Clifford Hunt. [647-1] [646-1] before Judge Susan O. Mollway (bbb)
2004-04-23 665 0 Minutes - Miscellaneous EO: MINUTES:Minutes that were filed on Monday, April 19, 2004 are hereby Amended to reflect that Counts 2, 3 and 4 of the Third Superseding Indictment are Dismissed instead of 3, 4 and 5. re [660-1] by Judge Susan Oki Mollway (gab)
2004-04-30 666 0 Designation of Record on Appeal Amended APPEAL Transcript Designation and Order form Tape, Debra Chun, Cynthia Fazio for the dates of 7/2/01, 7/6/01, 8/7/01, 8/29/01, 9/10/01, 11/9/01, 2/7/02, 3/7/02, 5/9/02, 5/16/02, 9/11/03, 9/19/02, 9/26/03, 9/26/03, 10/6/03, 12/16/03, 12/19/03, 1/20/04, 2/18/04, 2/26/04, 3/4/04, 3/17/04, 3/29/04 regarding [650-1] as to Josephe Pajardo (gs) Modified on 10/20/2005
2004-05-05 667 0 Response in Opposition United States' Supplemental MEMORANDUM re: motion by defendant (06) Joe Sappa to suppress statements [647-1]; exhibit 1; certificate of service (sealed)
2004-05-05 668 0 Notice of Hearing NOTICE of hearing setting hearing on ; sentencing to Count 1 of the Third Superseding Indictment set for 5/17/04 @ 2:15 p.m. SOM is continued to 2:15 11/22/04 for Patrich Giles before Judge Susan Oki Mollway; notified: Thomas Muehleck AUSA and (08) William Harrison; Mr. Muehleck to prepare the stipulation (sealed)
2004-05-05 669 0 Utility - Miscellaneous United States' Translation of intercepted telephone call between defendant Joe Sappa (06) and co-defendant Falaniko Uti; exhibit 1; certificate of service (gab)
2004-05-13 672 0 Stipulation and Order STIPULATION and order by Judge Susan O. Mollway to continue sentencing hearing as to deft. Patrich Giles (08); certificate of service ; sentencing hearing continued from 5/17/04 to 2:15 11/22/04 for Patrich Giles (gab)
2004-05-17 676 0 Order ORDER by Judge Susan O. Mollway denying motions to suppress as to Joe Sappa (06) (cc: all counsel) (gab) 2010-02-15 02:12:58 e0dad7450bd4cc7e4e2ebe355e8a1a2e76d5219c
2004-05-17 677 0 Sentencing Memorandum defendant Vanessa Barut SENTENCING Statement as to Vanessa Barut; certificate of service (SEALED) (gab)
2004-05-18 680 0 Witness List WITNESS list submitted by plaintiff USA (gab)
2004-05-18 681 0 Sentencing Memorandum defendant Vanessa Barut SENTENCING Statement as to Vanessa Barut; exhibits A-D; certificate of service (SEALED) (gab)
2004-05-19 682 0 Jury Instructions Joint JURY Instructions by plaintiff USA (gab)
2004-05-26 685 0 USCA Notice of Docketing Record on Appeal APPEAL number 04-10230 received from 9CCA regarding Josephe Pajardo (04) [650-1] (sealed)
2004-05-28 691 0 Sentencing Memorandum Defendant Vanessa Barut's (07) second SENTENCING Statement as to Vanessa Barut; exhibits B, E; certificate of service (SEALED) (gab)
2004-05-28 692 0 Order ORDER for Release of Exhibits by Judge Susan O. Mollway to Thomas Muehleck as to deft. Vanessa Barut (07) (gab) Modified on 06/01/2004
2004-05-28 693 0 Order ORDER for release of exhibits by Judge Susan O. Mollway as to deft. Joe Sappa (06) (gab)
2004-06-01 694 0 Miscellaneous Document FINDINGS and RECOMMENDATIONS on CJA Compensation Claim by Mag Judge Kevin S. Chang - Glenn Choy, Esq. as to deft. Joseph Pajardo (04) $25,313.39 (gab)
2004-06-07 696 0 Notice (Other) NOTICE of Filing Under Seal by defendant Vanessa Barut (SEALED) (gab)
2004-06-07 697 0 Motion for Bond Notice of Motion and MOTION for Bail pending appeal or self-surrender by defendant Vanessa Barut certificate of service; Motion hearing set for 06/21/04 @ 3:45 p.m. (SOM) (gab)
2004-06-07 698 0 Motion to Continue Notice of Motion and MOTION to continue sentence by defendant Vanessa Barut declaration of counsel; certificate of service; Motion hearing set for non hearing (gab)
2004-06-08 699 0 Supplemental DECLARATION of counsel in support of defendant Vanessa Barut's (07) 6/7/04 non-hearing motion to continue sentence [698-1]; certificate of service (gab)
2004-06-09 700 0 Response in Opposition United States' opposition to motion to continue sentence by defendant Vanessa Barut [698-1] certificate of service (gab)
2004-06-09 701 0 Notice of Hearing NOTICE of hearing setting hearing on Sentencing as to Count 8 of the Third Superseding Indictment, Defendant's Motion for Bail Pending Appeal or Self-Surrender, and Defendant's Motion for Downward Departure set for 6/21/04 @ 3:45 p.m. are rescheduled to 8:00 a.m. for the same day. as to Vanessa Barut before Judge Susan Oki Mollway; Notified: Thomas Muehleck AUSA, (07) Stuart Fujioka, USM, and USPO. (gab)
2004-06-10 702 0 Order ORDER by Judge David A. Ezra denying motion to continue sentence by defendant Vanessa Barut [698-1] (gab)
2004-06-17 703 0 Notice of Hearing NOTICE of setting hearing Sentencing to Count 8 of the Third Superseding Indictment; Defendant's Motion for Downward Departure; Defendant's Motion for Bail Pending Appeal or Self-Surrender set for 6/21/04 @ 8:00 a.m. SOM is rescheduled to 9:45 a.m. for the same day for Vanessa Barut before Judge Susan Oki Mollway; Notified: Thomas Muehleck AUSA, and (07) Stuart Fujioka. (sealed)
2004-06-17 704 0 Response in Opposition United States' opposition for Bail pending appeal or self-surrender by defendant Vanessa Barut [697-1] exhibits 1-2; certificate of service (sealed)
2004-06-17 705 0 Response in Opposition United States' opposition to Defendant Vanessa Barut's (07) motion for downward departure; exhibits 1-3; certificate of service (SEALED) (sealed)
2004-06-17 706 0 Sentencing Memorandum USA's objections to final presentence report as to Vanessa Barut; exhibit 1; certificate of service (SEALED) (sealed)
2004-06-21 707 0 Minutes - Miscellaneous EP: MINUTES: sentencing to Count 8 of the Third Superseding Indictment as to deft. Vanessa Barut (07) hearing held on 6/21/04 Defendant's Motion for Downward Departure; Defendant's Motion for Bail Pending Appeal or Self-Surrender - Defendant (07) Vanessa Barut present. 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. Defendant's Motion for Downward Departure - Granted., sentencing Vanessa Barut (7) count(s) 8sss. ADJUDGED: Imprisonment: 54 Supervised Release: 4 Years. Special Assessment: $100.00. CONDITIONS: That the defendant shall abide by the standard conditions of supervision. That the defendant not commit crimes, federal, state, or local (mandatory condition). 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 release imprisonment and at least two drug tests thereafter, as directed by the Probation Office (mandatory condition). the defendant is prohibited from possessing a firearm as defined in 18 U.S.C. 921. That the defendant is from possessing any illegal or dangerous weapons. That the defendant provide the Probation Office access to any requested financial information. Defendant advised of her right to appeal. JUDICIAL RECOMMENDATIONS: 1) FCI Phoenix; 2) Substance Abuse Treatment; 3) If and when the defendant becomes available, Boot Camp. Defendant's Motion for Bail Pending Appeal or Self-Surrender - Defendant's Motion for Bail Pending Appeal is Denied; Pending Self-Surrender - Granted. Mittimus is stayed until 7/26/04. Defendant to surrender at the facility designated by the Bureau of Prisons @ 10:00 a.m. 7/26/04. The time is the time at the facility. , dismissing counts as to , terminating party Vanessa Barut ; Vanessa Barut, Michael Rothermun (DEA), Peter Yoshihara (USPO), Julie Wall (USPTS), Attorney Stuart N. Fujioka, Thomas Muehleck present ( Ct Rptr: Debra Chun) by Judge Susan Oki Mollway (gab)
2004-06-25 709 0 Notice of Appeal - Final Judgment NOTICE OF APPEAL to 9CCA by defendant Vanessa Barut fees cja (sealed)
2004-06-24 710 0 Judgment JUDGMENT and Commitment as to Vanessa Barut by Judge Susan O. Mollway (cc: all counsel) (gab) Additional attachment(s) added on 4/27/2006 (gab, ). 2010-02-15 02:12:17 e351b0f28ade90f2edf532ff4acd99f2bfebefe5
2004-06-28 711 0 Appeal - Miscellaneous ORDER FOR TIME SCHEDULE as to deft. Vanessa Barut (07) RT to be ordered by 7/16/04 ;RT to be filed by 8/16/04 ; Aplnt's brief to be filed by 9/27/04 ;Aple's brief to be filed by 10/27/04 ;Aplnt's opt reply brief to be filed by 11/10/04 (cc: Clerk, 9CCA, all counsel, Court Reporters) Notice of Appeal sent to Clerk, 9CCA and to all counsel (gab)
2004-06-30 712 0 Notice of Appeal - Final Judgment NOTICE OF CROSS APPEAL by plaintiff USA regarding Vanessa Barut [710-1] fees wv (gab)
2004-07-01 713 0 CJA 21 - Authorization to Pay CJA Form 21 (Expert Services) Voucher # 040701000131 for Eric M. Congdon as to Vanessa Barut in the amount of $273.00 by Judge Leslie E. Kobayashi (gab)
2004-07-07 714 0 Appeal - Miscellaneous ORDER FOR TIME SCHEDULE Governments Cross Appeal as to deft. Vanessa Barut (07) RT to be ordered by 7/16/04 ;RT to be filed by 8/16/04 ;Aplnt's brief to be filed by 9/27/04 ; Aple's brief to be filed by 10/27/04 ;Aplnt's opt reply brief to be filed by 11/10/04 (cc: Clerk, 9CCA, all counsel, Court Reporters) Notice of Appeal sent to Clerk, 9CCA and to all counsel (gab)
2004-07-08 715 0 Miscellaneous Document FINDINGS and RECOMMENDATIONS on CJA Compensation Claim by Mag Judge Leslie E. Kobayashi - Clifford Hung as to deft. Joe Sappa (06) - $18,845.24 (gab)
2004-07-14 716 0 Presentence Investigation Report Amended PRESENTENCE Report on Vanessa Barut (original sealed and held in probation office). (bbb)
2004-07-14 717 0 Sentencing Memorandum SENTENCING RECOMMENDATION as to Vanessa Barut (original sealed and held in probation office) (bbb)
2004-07-14 718 0 Sentencing Memorandum Revised SENTENCING RECOMMENDATION as to Vanessa Barut (original sealed and held in probation office) (bbb)
2004-07-12 719 0 USCA Notice of Docketing Record on Appeal APPEAL number 04-10360 received from 9CCA regarding deft. Vanessa Barut appeal filed 6/25/04 [709-1] (gab)
2004-07-15 720 0 Designation of Record on Appeal APPEAL Transcript Designation and Order form Tape/CD/ESR for the dates of 4/23/01, 4/27/04, 5/7/01, 6/4/01, 7/2/01, 7/6/01, 8/7/01, 8/29/01, 9/21/01, 10/16/01, 10/29/01, 12/13/01, 2/4/02, 3/7/02, 4/15/02, 4/22/02, 5/6/02, 5/16/02, 9/16/02, 10/28/02, 11/12/02, 11/27/02, 5/5/02 , 5/6/02, 5/16/02, 9/16/02, 10/28/02, 11/12/02, 11/27/02, 5/5/03, 5/6/03, 5/9/03, 5/15/03, 6/5/03, 9/8/03, 9/11/03, 10/06/03; from Debra Chun for the dates of 9/10/01, 10/22/01, 11/09/01, 2/7/02, 5/9/02, 8/13/02, 9/19/02, 9/26/03, 10/6/03, 11/10/03, 12/2/03, 12/3/03, 12/4/03, 12/05/03, 12/12/03, 12/16/03, 12/17/03, 12/18/03, 12/19/03, 1/16/04, 1/20/04, 2/18/04, 2/26/04, 3/29/04, 6/21/04; from Cynthia Fazio for the dates of 3/4/04 regarding [709-1] CA #04-10360 as to (07) Vanessa Barut (bbb)
2004-07-15 721 0 CJA 21 - Authorization to Pay CJA Form 21 (Expert Services) Voucher # 040714000062 for Michael Orian as to Vanessa Barut in the amount of $300.00 by Judge Kevin S. Chang (bbb)
2004-07-16 722 0 Motion for Miscellaneous Relief Defendant Vanessa Barut's (07) MOTION to extend self surrender date ; declaration of counsel; certificate of service - Motion referred to Judge Susan O. Mollway (bbb)
2004-07-19 724 0 Response/Reply - Miscellaneous United States' OBJECTIONS to defendant Barut's motion to extend self-surrender [722-1]; certificate of service (bbb)
2004-07-19 725 0 Order ORDER DENYING defendant Vanessa Barut's motion to extend self surrender date [722-1] by Judge Susan O. Mollway (cc: all counsel) (bbb)
2004-07-22 726 0 USCA Notice of Docketing Record on Appeal APPEAL number 04-10369 received from 9CCA regarding [712-1] (USA cross appeal filed 6/30/2004) as to deft Vanessa Barut 07 (eps)
2004-08-19 729 0 CJA 24 - Authorization to Pay CJA FORM 24 (Authorization and Voucher for Transcript Payment) for Cynthia Fazio Voucher # 040819000038 in the amount of $63.91 ( 08/05/2004) for Vanessa Barut by Judge Susan O. Mollway (bbb)
2004-08-25 730 0 Judgment Returned Executed JUDGMENT and Commitment returned executed on 7/26/04 as to , Vanessa Barut (7) count(s) 8sss to FPC Phoenix AZ (bbb)
2004-08-25 731 0 Miscellaneous Document RELEASE OF MORTGAGE as to defendant Vanessa Ann Barut (bbb)
2004-08-25 732 0 Appeal Record Sent to USCA APPEAL Certificate of Record Transmitted to 9CCA regarding [650-1] as to defendant Joseph Pajardo (cc: all counsel) (bbb) Modified on 08/26/2004
2004-09-01 734 0 Miscellaneous Document RELEASE OF MORTGAGE in the amount of $ 50,000.00; address of property- Doc 2001-074778; title of owner- Edwin Vallesteros Barut & Vanessa Ann Barut as to deft. Vanessa Barut (07) (gab)
2004-09-29 735 0 CJA 24 - Authorization to Pay CJA FORM 24 (Authorization and Voucher for Transcript Payment) for Jessica B. Cahill Voucher # 040929000046 in the amount of $958.78 ( 08/31/2004) for Vanessa Barut by Judge Susan O. Mollway (bbb)
2004-10-15 736 0 Miscellaneous Document FINDINGS and RECOMMENDATIONS on CJA Compensation Claim for attorney Gary Singh in the amount of $4,122.00 as to defendant (01) Falaniko Uti by Mag Judge Leslie E. Kobayashi (bbb)
2004-10-15 737 0 Miscellaneous Document FINDINGS and RECOMMENDATIONS on CJA Compensation Claim for attorney Richard Wurdeman in the amount of $9,793.50 as to defendant (05) Osovale Atapuai by Mag Judge Leslie E. Kobayashi (bbb)
2004-10-15 738 0 Miscellaneous Document FINDINGS and RECOMMENDATIONS on CJA Compensation Claim for attorney Stuar Fujioka in the amount of $14,193.50 as to defendant (07) Vanessa Barut by Mag Judge Leslie E. Kobayashi (bbb)
2004-11-02 739 0 CJA 24 - Authorization to Pay CJA FORM 24 (Authorization and Voucher for Transcript Payment) for Debra Chun Voucher # 041102000035 in the amount of $3,791.57 ( 10/26/2004) for Vanessa Barut by Judge Susan O. Mollway (bbb)
2004-11-24 744 0 CJA 20 - Authorization to Pay CJA Form 20 (Attorney Payment Voucher# 041124000094) by Attorney Stuart Fujioka as to Vanessa Barut in the amount of $14,193.50 by Judge Susan O. Mollway (bbb)
2004-12-14 746 0 Motion for Miscellaneous Relief defendant Vanessa Barut's MOTION to supplement the record on appeal ; exhibits a, b; certificate of service - referred to Judge Susan O. Mollway (bbb)
2004-12-16 748 0 Order ORDER denying defendant Vanessa Barut's motion to supplement the record on appeal [746-1] by Judge Susan O. Mollway (cc: all counsel) (bbb)
2005-01-06 754 0 Response in Opposition United States of America's MEMORANDUM in opposition to defendant's motion to strike sentencing allegations and objections to jury trial [753-1] as to defendant Joe Sappa (bbb) Modified on 01/07/2005
2005-01-06 755 0 Miscellaneous Document TABLE OF CONTENTS and tabe of authorities to United States of America's memorandum in opposition to the defendant's motion to strike sentencing allegations and objections to jury trial [754-1] (bbb)
2005-01-11 759 0 Response/Reply - Miscellaneous United States' OBJECTIONS to presentence report paragraph 32; certificate of service [745-1] (SEALED) (bbb)
2005-01-12 760 0 Order ORDER regarding sentencing jury trials [753-1] by Judge Susan O. Mollway as to defendant (06) Joe Sappa (cc: all counsel) (bbb) Modified on 01/13/2005
2005-01-14 761 0 Supplement SUPPLEMENT to order regarding sentencing jury trials as to defendant Joe Sappa [760-1] by Judge Susan O. Mollway (bbb) Modified on 01/19/2005
2005-01-14 762 0 Response to Motion United States RESPONSE to defendant Patrich Giles' motion for downward departure [758-1]; certificate of service (SEALED) (bbb) Modified on 01/19/2005
2005-01-25 764 0 USCA Order APPEAL Order from 9CCA re briefing schedule [709-1] (cc: all counsel) (bbb)
2005-02-07 765 0 Supplement Second SUPPLEMENT to order regarding sentencing jury trials [761-1], [760-1] as to defendant (06) Joe Sappa by Judge Susan O. Mollway (bbb) Modified on 02/08/2005
2005-03-01 768 0 Appeal Record Sent to USCA APPEAL Certificate of Record Transmitted to 9CCA regarding [712-1] as to defendant (07) Vanessa Barut CA# 04-10360 (cc: all counsel) (bbb)
2005-03-23 770 0 Notice of Hearing NOTICE of hearing setting hearing onsetting hearing on CR 01-00160SOM - Sentencing to Count 1 of the Third Superseding Indictment and Motions for Downward Departure and CR 03-00521SOM - Sentencing to the Indictment and Defendant's Motion for Downward Departure set for 6/16/05 @ 2:15 p.m. SOM are rescheduled to 4/20/05 @ 9:00 a.m. SOM. Notified: Thomas Muehleck AUSA, William Harrison, and USPO through Mr. Harrison. Mr. Harrison to prepare the stipulation. [769-1] [758-1] ; sentencing hearing set for 9:00 4/20/05 for Patrich Giles before Judge (bbb)
2005-04-01 771 0 Miscellaneous Document FINDINGS and RECOMMENDATIONS on CJA Compensation Claim for attorney Richard T. Pafundi in the amount of $2,586.00 as to defendant (06) Joe Sappa by Mag Judge Kevin S. Chang (bbb)
2005-04-05 772 0 Response - Miscellaneous United States' REQUEST for additional time to respond to Defendant's motion to vacate sentence under 28 U.S.C. Section 2255 [766-1]; exhibit 1; certificate of service (bbb)
2005-04-05 773 0 Order APPROVED and so ORDERED by Judge Susan O. Mollway granting United States' request for additional time to respond to defendant's motion to vacate sentence under 28 U.S.C. Section 2255 [772-1] (cc: all counsel) (bbb)
2005-05-09 778 0 Notice of Hearing NOTICE - Sentencing to Counts 1 and 9 of the Indictment set for 5/12/05 @ 3:00 p.m. SOM is rescheduled to 3:45 p.m. the same day for Joe Sappa (gs)
2005-05-19 785 0 Order ORDER granting Defendant Joe Sappa's motion to withdraw as counsel and to appoint counsel for appeal [781-1] and certificate of service by Mag Judge Kevin S. Chang (bbb)
2005-05-25 793 0 Order ORDER by Judge Susan O. Mollway granting in part; denying in part motion for discovery by defendant Falaniko Uti [788-1] (cc: Uti as instructed by court order, USA, financial ); court grant request with respect to Items 1 and 2, to the extent the transcripts are not attached to papers the government files in response to Uti's petition; to the extent the copies are not attchd, this court will arrange to have copies of the missing parts of the transcripts provided to Uti at court expense; court also grants the motion w/ respect to Item 3; the clerk is directed to send Uti a copy of the entire set of docket sheets under this cr number; court denies the motion w/ respect to Item 4 (eps)
2005-05-27 794 0 Appeal - Miscellaneous ORDER FOR TIME SCHEDULE RT to be ordered by 06/17/05 ;RT to be filed by 07/17/05 ;Aplnt's brief to be filed by 08/26/05 Aple's brief to be filed by 09/25/05 ;Aplnt's opt reply brief to be filed by 10/09/05 (cc: Clerk, 9CCA, all counsel, Court Reporters) Notice of Appeal sent to Clerk, 9CCA and to all counsel as to Defendant (06) JOE SAPPA (bbb) Modified on 05/27/2005
2005-06-02 795 0 Response to Motion Government's RESPONSE to Defendant Falaniko Uti's motion under 28 U.S.C. section 2255 to vacate, set aside, or correct sentence by a person in federal custody; exhibits 1-16; certificate of service [766-1] (SEALED) (bbb)
2005-06-06 796 0 USCA Notice of Docketing Record on Appeal APPEAL number 05-10367 received from 9CCA regarding [784-1] (gs)
2005-06-06 797 0 Designation of Record on Appeal APPEAL Transcript Designation and Order form ESR, Debra Chun, Cynthia Fazio for the dates of 4/26/01, 5/7/01, 7/19/01, 5/8/02, 8/9/02, 2/17/04, 3/17/04, 5/13/04, 5/24/04, 5/25/04, 5/26/04, 5/27/04, 1/3/05, 1/7/05, 5/12/05 regarding [784-1] as to Defendant Joe Sappa (gs) Modified on 10/20/2005
2005-06-06 798 0 Miscellaneous Document FINDINGS and RECOMMENDATIONS on CJA Compensation Claim for attorney Clifford Hunt in the amount of $5,200.00 by Mag Judge Leslie E. Kobayashi (bbb)
2005-06-15 799 0 Notice of Appeal - Final Judgment Government's NOTICE OF CROSS APPEAL regarding (06) JOE SAPPA [789-1] fees WAIVED [CA #05-10440] (bbb) Modified on 07/01/2005
2005-06-21 800 0 Appeal - Miscellaneous ORDER FOR TIME SCHEDULE RT to be ordered by 07/12/05 ;RT to be filed by 08/11/05 ;Aplnt's brief to be filed by 09/20/05 ;Aple's brief to be filed by 10/20/05 ;Aplnt's opt reply brief to be filed by 11/03/05 (cc: Clerk, 9CCA, all counsel, Court Reporters) Notice of Appeal sent to Clerk, 9CCA and to all counsel as to defendant (06) JOE SAPPA (bbb)
2005-07-01 802 0 USCA Notice of Docketing Record on Appeal Government's CROSS APPEAL number 05-10440 received from 9CCA regarding [799-1] regarding Defendant Joe Sappa [CA #05-10440] (bbb)
2005-07-08 804 0 Order ORDER denying Falaniko Uti's petition [766-1] by Judge Susan O. Mollway (cc: all counsel) (bbb)
2005-08-05 805 0 Appeal Record Sent to USCA APPEAL Certificate of Record Transmitted to 9CCA regarding [784-1] as to defendant Joe Sappa (cc: all counsel) (bbb)
2005-09-28 807 0 Order ORDER granting permission to leave jurisdiction by Judge Susan O. Mollway: permitted to leave to travel to Pago Pago American Samoa from 10/03/05 thru 11/03/05 as to Defendant (06) Joe Sappa (bbb)
2006-03-21 808 0 Judgment Returned Executed Judgment Returned Executed as to Vanessa Barut on 7/26/04. (gls, ) 2010-02-15 02:12:50 c5ae06cb2fd2c79868094aabbf7d9fb4ac5500ed
2006-03-22 809 0 USCA Judgment JUDGMENT of USCA (certified copy) as to Vanessa Barut re [709] Notice of Appeal - Final Judgment AFFIRMED in part; REMANDED in part (Attachments: # (1) Memorandum)(gls, ) 2010-02-15 02:12:41 e18b804da0389ac939bbe0f1c5b92bf587445495
809 1 Memorandum 2010-02-15 02:12:29 57a348fc2c91e60a7226d2972a3daf372fd675b9
2006-03-29 811 0 Notice of Hearing NOTICE OF HEARING as to Vanessa Barut Re Sentencing set for 5/18/2006 03:00 PM before JUDGE SUSAN OKI MOLLWAY. Parties notified.Any party seeking a change in the eralier sentence must submit a sentencing memorandum at least 11 days before the sentencing hearing.Tammy Kimura please reappoint Stuart Fujioka to represent the defendant.(tbf, )
2006-03-29 812 0 CJA 20 - Appointment CJA 20 as to Vanessa Barut: Appointment of Attorney Stuart N. Fujioka for Vanessa Barut. . Signed by Judge BARRY M. KURREN on 3/29/06. (gls, ) 2010-02-15 02:13:00 0900f2f807ec1d083614db848a37dd2178947c77
2006-04-24 817 0 Notice of Hearing NOTICE OF HEARING as to Vanessa Barut Sentencing set for 5/18/06 @ 3:00 p.m. SOM is rescheduled to 5/16/2006 09:45 AM before JUDGE SUSAN OKI MOLLWAY. Parties notified.(tbf, )
2006-04-25 818 0 Notice of Hearing NOTICE OF HEARING as to Vanessa Barut ReSentencing set for 5/16/2006 @ 9:45 a.m. is rescheduled to 03:00 PM before JUDGE SUSAN OKI MOLLWAY. Parties notified.(tbf, )
2006-04-26 819 0 Appeal Record Returned Appeal Record Returned as to Joseph Pajardo, Vanessa Barut: [650] Notice of Appeal - [709] Notice of Appeal (gls, ) 2010-02-15 02:12:27 74b969a667dc304cfb07052c72a383ddb134a538
2006-05-05 820 0 Sentencing Memorandum RESENTENCING MEMORANDUM by Vanessa Barut (gls, ) 2010-02-15 02:12:20 c99724d8b65feff0db7f5f3978c3c71f743468ba
2006-05-05 821 0 Notice of Hearing NOTICE OF HEARING as to Vanessa Barut Sentencing set for 5/16/06 @3:00 p.m. SOM is continued to 5/22/2006 02:15 PM before JUDGE SUSAN OKI MOLLWAY. Parties notified.(tbf, )
2006-05-22 822 0 Remand Hearing EP :Resentencing Hearing as to Vanessa Barut held on 5/22/2006, Set/Reset Hearings as to Vanessa Barut: Resentencing set for 6/1/2006 09:45 AM before JUDGE SUSAN OKI MOLLWAY. (Court Reporter Debra Chun.) (JUDGE SUSAN OKI MOLLWAY )(gls, ) 2010-02-15 02:12:55 fd1fbb583623de16e78f268a11275c844064e65c
2006-05-23 823 0 Notice of Hearing NOTICE OF HEARING as to Vanessa Barut Continued Re Sentencing set for 6/1/06 @ 9:45 a.m. SOM is continued to 7/6/2006 03:00 PM before JUDGE SUSAN OKI MOLLWAY. Parties to submit brief memorandums by 6/27/06. Parties notified. Ms. Nakakuni to prepare the stipulation.(tbf, )
2006-06-07 826 0 Transcript TRANSCRIPT of Proceedings Re-Sentencing as to Vanessa Barut held on 5/22/06 before Judge Susan Oki Mollway. Court Reporter: Debra Chun. (dc@hid.uscourts.gov)
2006-06-22 827 0 Notice of Hearing NOTICE OF HEARING as to Vanessa Barut Continued ReSentencing set for 7/6/06 @ 3:00 p.m. SOM is continued to 7/24/2006 03:00 PM before JUDGE SUSAN OKI MOLLWAY. Parties notified. The date to submit briefs is extended from 6/27/06 to 7/10/06. Ms. Nakakuni to prepare the stipulation.(tbf, )
2006-07-03 828 0 Stipulation and Order Government's STIPULATION and ORDER to continue Sentencing Hearing as to deft (07) Vanessa Barut - Sentencing previously set for 07/06/06 is continued to/set for 7/24/2006 03:00 PM before JUDGE SUSAN OKI MOLLWAY; parties' briefs due 07/10/06.- Signed by Judge SUSAN OKI MOLLWAY on 06/30/06. (afc) 2010-02-15 02:12:49 7acfa20b66fbed89a27c3e4e81b9199914c6c5c1
2006-07-10 829 0 Sentencing Memorandum SENTENCING MEMORANDUM United States Memorandum Re: Resentencing/COS by USA as to Vanessa Barut (Attachments: # (1) Exhibit 1# (2) Exhibit 2# (3) Exhibit 3# (4) Exhibit 4)(Nakakuni, Florence) 2010-02-15 02:12:28 309d46a769e39bf5afcce8eb8062dfd94c7cde62
829 1 Exhibit 1 2010-02-15 02:12:52 16855b9cf48cd2137b37c3d226d89141c39cbe08
829 2 Exhibit 2 2010-02-15 02:12:34 83e6456e6856beeeeaa5f1d4106a0fc4a5ad20ae
829 3 Exhibit 3 2010-02-15 02:12:25 4310c6ef8d21128fc1f4b69e53cf23b5ccf4638e
829 4 Exhibit 4 2010-02-15 02:12:19 e9a44b3be9de27e29067165cf9ad0a7cb3ce9b80
2006-07-10 830 0 Supplement Supplemental Memorandum in Aid of Resentencing by Vanessa Barut (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Exhibit C# (4) Exhibit D# (5) Exhibit E# (6) Exhibit F# (7) Exhibit G# (8) Certificate of service)(gls, ) 2010-02-15 02:12:47 a5fccfac8537834d318d28c42d1fe098443fd8e0
830 1 Exhibit A 2010-02-15 02:12:53 5a2ad58f261f9c88414f079831151312240e77ac
830 2 Exhibit B 2010-02-15 02:12:56 1e75e7f9062e747e8fe0fd6f7b79c82e044ef1c5
830 3 Exhibit C 2010-02-15 02:12:39 a583e19c05e9f55c89e1688313aa9131d3836485
830 4 Exhibit D 2010-02-15 02:12:37 9a46c4cde6f81c8178c1f58ff1804bad7e08d95e
830 5 Exhibit E 2010-02-15 02:12:12 4c9ca98a7e9b2defaa5ed6f65b6dc89c4fb273ed
830 6 Exhibit F 2010-02-15 02:12:14 c98046d8c502da22b44ae3589a06111af4963158
830 7 Exhibit G 2010-02-15 02:12:15 58c738bfa0d5a08c4d3e89ac8261f76c5f87adf8
830 8 Certificate of service 2010-02-15 02:12:31 49058efa4119be7a3033af65a98dc1da7480de50
2006-07-24 831 0 Sentencing EP :Continued Re-Sentencing held on 7/24/2006 for Vanessa Barut; Count(s) 8sss, Imprisonment: 54 Months; Supervised Releas: 4 years; SA: $100.00. (Court Reporter Debra Chun.) (JUDGE SUSAN OKI MOLLWAY )(gls, ) 2010-02-15 02:12:22 003173676eccaf3461af2882329da72c13e4ac78
2006-07-27 832 0 Judgment AMENDED JUDGMENT as to Vanessa Barut (7), Count(s) 1sss, dismissed; Count(s) 8sss, ADJUDGED: Imprisonment: 54 Months. Supervised Release: 4 Years. Special Assessment: $100.00; 7/24/06 - Resentencing: Imprisonment: 54 Months; Supervised Releas: 4 years; SA: $100.00 . Signed by Judge SUSAN OKI MOLLWAY on 7/27/2006. (gab, ) 2010-02-15 02:12:43 69c9446850d32109feba8b77f9c7216b9038537e
2006-10-02 835 0 Findings and Recommendations on CJA Compensation Claim FINDINGS AND RECOMMENDATIONS on CJA Compensation Claim as to Vanessa Barut re [812] CJA 20 - Appointment . Signed by Judge KEVIN S.C. CHANG on 10/2/06. (gls, )
2006-11-07 836 0 CJA 20 - Authorization to Pay CJA 20 as to Vanessa Barut: Authorization to Pay Stuart Fujioka. Amount: $ 3,229.20, Voucher # 061107000229. (Original Voucher Kept in Financial) . Signed by Judge SUSAN OKI MOLLWAY on 10/24/2006. Approved by 9th CCA on 10/30/06 (vkc)