| Date Filed |
Document # |
Attachment # |
Short Description |
Long Description |
Upload date |
SHA1 hash |
| 2001-08-09 |
1 |
0 |
Complaint |
COMPLAINT by SA Michael Rothermund, DEA against Walter Kupau, Sandra Nishida, William Ito signed by Mag Judge Kevin S. Chang [ 1:01-m -615 ] (gs) |
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| 2001-08-10 |
2 |
0 |
Detention - Miscellaneous |
Motion to detain defendant without bail as to Walter Kupau [ 1:01-m -615 ] (gs) |
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| 2001-08-10 |
5 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: INITIAL APPEARANCE - Walter Kupau, William Ito - Request for Court appointed counsel granted; Defts sworn to financial affidavit; Detention hearing 8/15/01 at 10;30 KSC; Preliminary Hearing 8/27/01 at 3:30 KSC; Defts remanded to the custody of the USMS ; Walter Kupau, William Ito, USA Atty Loretta Sheehan, Thomas Muehleck present ( Ct Rptr: Terrence Chun) by Mag Judge Chang [ 1:01-m -615 ] (gs) |
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| 2001-08-10 |
6 |
0 |
Financial Affidavit - CJA23 |
FINANCIAL Affidavit as to Walter Kupau [ 1:01-m -615 ] (gs) |
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| 2001-08-10 |
8 |
0 |
Order of Detention |
ORDER of Temporary Detention Pending Hearing Pursuant to Bail Reform Act as to Walter Kupau by Mag Judge Kevin S. Chang [ 1:01-m -615 ] (gs) |
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| 2001-08-14 |
10 |
0 |
Service - Miscellanous |
RETURN on Clerks Temporary Commitment - exec by USM - 8/10/01 as to defendant Walter Kupau [ 1:01-m -615 ] (gs) |
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| 2001-08-15 |
17 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Detention Hearing - as to Deft Walter Kupau, Jr. - deft present; Detention hearing - as to deft Walter Kupau, Jr. - Motion to detain granted; Deft remanded to the custody of the USMS; Preliminary Hearing set 8/27/01 at 3:30 KSC [2-1]; Walter Kupau, USA Attorney Loretta Sheehan, Thomas Muehleck, Stuart Fujioka present (Ct Rptr: Terrence Chun) by Mag Judge Chang [ 1:01-m -615 ] (gs) |
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| 2001-08-20 |
20 |
0 |
Order of Detention |
ORDER of Detention Pending Trial by Mag Judge Kevin S. Chang as to Walter Kupau [ 1:01-m -615 ] (gs) |
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| 2001-08-21 |
21 |
0 |
CJA 20 - Appointment |
CJA Form 20 Copy 4 (Appointment of Counsel) as to defendant Walter Kupau Attorney Stuart N. Fujioka appointed [ 1:01-m -615 ] (gs) |
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| 2001-08-13 |
67 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on ; arraignment set for 1:30 8/15/01 for Cheyn Kiyotsuka before Judge Barry Kurren; defendant is in custody at Halawa Correctional Facility; cc: Loretta Sheehan (fe) |
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| 2001-08-13 |
68 |
0 |
Notice of Hearing |
NOTICE of setting hearing on arraignment and plea; detention hearing set for 9:00 8/15/01 for Lori Joaquin before Judge Kevin Chang; Rustam Barbee to notify Loretta Sheehan (fe) |
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| 2001-08-13 |
75 |
0 |
Order |
ORDER by Mag Judge Barry M. Kurren for attorney Anthony H. Yusi to appear pro hac vice for deft Cheyn Kiyotsuka (09) (cc: all counsel) (fe) |
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| 2001-08-15 |
98 |
0 |
Order |
ORDER by Mag Judge Kevin S. Chang for attorney Winston Ling to appear pro hac vice for deft Amy Wong (04) (cc: all counsel) (fe) |
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| 2001-08-15 |
99 |
0 |
Order |
ORDER by Mag Judge Kevin S. Chang for attorney Keith M. Kiuchi to appear pro hac vice - for deft Ranel Hironaka (06) (cc: all counsel) (fe) |
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| 2001-08-20 |
117 |
0 |
Order |
Application and ORDER for writ of habeas corpus ad prosequendum by Mag Judge Kevin S. Chang - as to deft Cheyn Kiyotsuka (09) (fe) |
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| 2001-08-20 |
118 |
0 |
Writ of Habeas Corpus ad Prosequendum Issued |
WRIT PROSEQUENDUM/AD TESTIFICANDUM issued (fe) |
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| 2001-08-22 |
120 |
0 |
Indictment |
EP: SUPERSEDING INDICTMENT by USA; naming Colleen Nakamoto, Darryl Yonesaki, Hong Tran, Amy Wong, Kevin Hironaka, Ranel Hironaka, Michael Inouye, John Francesco, Cheyn Kiyotsuka, James Ogai, Gilbert Fuertes, Natasha Pohina, Suzanne Okimoto, Lori Joaquin, Guy Suyama, Loreen Coelho, Allison Kudo, Walter Kupau, Sandra Nishida, William Ito counts filed against Colleen Nakamoto (1) count(s) 1s, 2s, 3s, 4s, 5s, 9s, 10s, 15s, 16s, 17s, Darryl Yonesaki (2) count(s) 1s, 18s, Hong Tran (3) count(s) 1s, 16s, Amy Wong (4) count(s) 1s, Kevin Hironaka (5) count(s) 1s, 7s, 8s, 11s, 12s, 13s, 14s Ranel Hironaka (6) count(s) 1s, Michael Inouye (7) count(s) 1s, 2s, John Francesco (8) count(s) 1s, 2s, 5s, Cheyn Kiyotsuka (9) count(s) 1s, 4s, James Ogai (10) count(s) 1s, 15s, Gilbert Fuertes (11) count(s) 1s, Natasha Pohina (12) count(s) 1s, Suzanne Okimoto (13) count(s) 1s, Lori Joaquin (14) count(s) 1s, Guy Suyama (15) count(s) 1s, Loreen Coelho (16) count(s) 1s, Allison Kudo (17) count(s) 1s, Walter Kupau (18) count(s) 1, 19, Sandra Nishida (19) count(s) 1, William Ito (20) count(s) 1 ( Judith Powers) by Mag Judge Chang (gs) |
2010-02-15 00:34:10 |
38880807e47d4d3295c7b865a7defdee414cd795 |
| 2001-08-27 |
151 |
0 |
Order on Motion to Substitute Attorney |
WITHDRAWAL, SUBSTITUTION and ORDER: Attorney Reginald P. Minn replacing attorney R. Steven Geshell for James Ogai by Judge Kevin Chang (fe) |
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| 2001-08-27 |
152 |
0 |
Minutes - Miscellaneous |
EO: MINUTES A & P as to the Superseding Indictment set for 08-31-2001 @ll:00 a.m. before Judge Chang. (Counsel is to obtain a copy of the Superseding Indictment from AUSA's Thomas Muehleck or Loretta Sheehan and confer with their clients before the ll:00 a.m. hearing. The A & P will start promptly at ll:00 a.m.) cc: Thomas Muehleck-Loretta Sheehan, Keith Shigetomi, PreTrial Services & U.S. Marshal's arraignment set for 11:00 8/31/01 for Amy Wong by Mag Judge Kevin Chang (fe) |
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| 2001-08-27 |
154 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: A & P as to the Superseding Indictment- As to Deft. (18) Walter Kupau, Jr.-Defendant Present in Custody. Arrn. Waived. Plea of Not Guilty entered. Jury Selection/Jury Trial-11-06-2001 @9:00 a.m. before Judge Gillmor, Final PreTrial Conference-10-09-2001 @l0:00 a.m. before Judge Kurren. Defendants Motions are to be filed by 09-28-2001 and theGovernment's Response to be filed by 10-12-2001. Detention Order to remain in effect. As to Deft. (20) William Ito-Defendant Present not in Custody. Arrn. Waived. Plea of Not Guilty entered. Jury Selection/JuryTrial-11-06-2001 @9:00 a.m. before Judge Gillmor, Final PreTrial Conference-10-09-2001 @9:00 a.m. before Judge Kurren. Defendants Motions are to be filed by 09-28-2001 and the Government's Response to be filed by 10-12-2001. Present Bail Status to Continue dft Walter Kupau, William Ito arraignment waived; plea of Not Guilty entered; Attorney present; , arraignment held on 8/15/01 ; jury trial set for 9:00 11/6/01 for Walter Kupau, for William Ito ; final pretrial conf set for 9:00 10/9/01 for Walter Kupau, for William ; Walter Kupau, William Ito, USA Attorney Loretta A. Sheehan, Stuart N. Fujioka, Barry D. Edwards present ( Ct Rptr: Tape 814 C-5) by Mag Judge Kevin Chang (fe) |
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| 2001-08-28 |
155 |
0 |
Minutes - Miscellaneous |
EO: MINUTES A & P as to the Superseding Indictment set for Friday, August 31, 2001 @l:30 p.m. before Judge Kevin Chang. Counsel are to obtain a copy of the Superseding Indictment from AUSA'S Thomas Muehleck or Loretta Sheehan and confer with their clients before the l:30 p.m. hearing. The A & P will start promptly at l:30 p.m. cc: Thomas Muehleck-Loretta Sheehan, All Defendants' Counsel, PreTrial Services and U.S. Marshal's arraignment set for 1:30 8/31/01 for Colleen Nakamoto, for Darryl Yonesaki, for Ranel Hironaka, for Michael Inouye, for Natasha Pohina, for Suzanne Okimoto, Lori Joaquin, for Guy Suyama, for Allison Kudo by Mag Judge Kevin chang (fe) |
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| 2001-08-29 |
166 |
0 |
Order |
ORDER by Mag Judge Kevin S. Chang regarding custody re [156-1] - on behalf of USA (fe) |
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| 2001-08-29 |
169 |
0 |
Order on Motion to Substitute Attorney |
WITHDRAWAL, SUBSTITUTION and ORDER: Attorney Dana S. Ishibashi replacing attorney Richard S. Kawana for Darryl Yonesaki by Judge Kevin Chang (fe) |
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| 2001-08-29 |
170 |
0 |
Order on Motion to Substitute Attorney |
WITHDRAWAL, SUBSTITUTION and ORDER: Attorney Craig T. Kimsel replacing attorney Richard D. Gronna for Hong Tran by Judge Kevin Chang (fe) |
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| 2001-08-30 |
174 |
0 |
Minutes - Miscellaneous |
EO: MINUTES A & P as to the Superseding Indictment set for August 31, 2001 is hereby continued to September 04, 2001 @l0:00 a.m. before Judge Kobayashi. Deft's Atty requested this Continuance. All Counsel notified of this continued hearing. arraignment set for 10:00 9/4/01 for Ranel Hironaka by Mag Judge Kevin Chang (fe) |
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| 2001-09-05 |
197 |
0 |
Minutes - Miscellaneous |
EO: MINUTES: Status conference regarding mental examination as to deft (13) Suzanne Okimoto set for 3:00 9/5/01 is vacated; parties have agreed on the details; an order will be prepared and submitted by AUSA, Loretta Sheehan; AUSA Loretra Sheehan, Deft's atty Richard Pafundi by Mag Judge Leslie Kobayashi (fe) |
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| 2001-09-07 |
200 |
0 |
Affidavit |
AFFIDAVIT by owner of cash bail - Nancy Eiko Hironaka (fe) |
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| 2001-09-19 |
209 |
0 |
Notice of Hearing |
NOTICE of setting hearing on motion for reconsideration detaining defendant pending by defendant Michael Inouye [203-1] 10:30 9/21/01 before Judge Leslie Kobayashi; cc: AUSA Loretta Sheehan, Deft's atty Emmanuel Guerrero (fe) |
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| 2001-09-20 |
214 |
0 |
Order |
ORDER by Mag Judge Leslie E. Kobayashi admitting counsel to the Criminal Justice Act Panel pro hac vice - Louis Ching, Esq. admitted pro hac vice in this case (fe) |
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| 2001-09-24 |
221 |
0 |
Order |
ORDER by Mag Judge Leslie E. Kobayashi granting motion to detain without bail by USA as to Hong Tran [21-1]; certificate of service (fe) |
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| 2001-09-26 |
223 |
0 |
Notice of Hearing |
NOTICE of setting hearing on withdrawal of not guilty plea and to plead anew is set for 11:00 10/2/01 for Natasha Pohina before Judge Helen Gillmor - cc: Loretta A. Sheehan, AUSA, Jerry Wilson, Defense attorney (fe) |
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| 2001-09-26 |
224 |
0 |
Minutes - Miscellaneous |
EO: MINUTES ; final pretrial conf set for 2:00 10/9/01 for Colleen Nakamoto, Darryl Yonesaki, Hong Tran, Amy Wong, Kevin Hironaka, Ranel Hironaka, Michael Inouye, Cheyn Kiyotsuka, James Ogai, Gilbert Fuertes, Natasha Pohina, Suzanne Okimoto, Lori Joaquin, Guy Suyama, Loreen Coelho, Allison Kudo, Walter Kupau, Sandra Nishida, William Ito by Mag Judge Barry Kurren; cc: all counsel (fe) |
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| 2001-10-03 |
243 |
0 |
Miscellaneous Document |
FINDINGS and RECOMMENDATIONS on CJA Compensation Claim by Mag Judge Leslie E. Kobayashi - Richard Kawana - $1,140.35 as to deft. Darryl Yonesaki (02) (gab) |
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| 2001-10-10 |
249 |
0 |
Stipulation and Order |
STIPULATION and order by Mag Judge Barry M. Kurren for temporary release of defendant for purposes of being assessed for drug treatment as to Kevin Hironaka (03) (gab) |
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| 2001-10-09 |
251 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Final PreTrial Conference-All Defendants' presence Waived. This Conference continued to October 18, 2001 @l0:00 a.m. before Judge Kurren. Defendant (13) Suzanne Okimoto's Motion to Compel Defendant's Return to Hawaii for Mental Evaluation-Oral Argument held. Court hereby Grants the Motion. The Government is ordered to bring this Defendant back to Hawaii Forthwith and conduct the Mental Evaluation in the State of Hawaii [240-1] ; Thomas Muehleck and Loretta Sheehan (01) Randall Oyama, (02) Donald Wilkerson for Richard Kawana, (03) Craig Kimsel, (04) Keith Shigetomi, (05) Sam. King, Jr., (06) Darwin Ching, (07) Emmanuel Guerrero had stand in Counsel, (09) Anthony Yusi, (10) reginand Minn, (11) Louis Ching, (13) Richard Pafundi, (14) Rustam Barbee, (15) Arthur Ross, (16) Pamela Tamashiro, (17) Lane Takahashi, (18) Art Ross for Stuart Fujioka, (19) Glenn Choy & (20) Barry Edwards present ( Ct Rptr: ESR) by Mag Judge KURREN (gab) |
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| 2001-10-18 |
264 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Final Pretrial Conference as to 01 Nakamoto, 02 Yonesaki, 03 Tran, 04 Wong, 05 Hironaka, 06 Hironaka, 07 Inouye, 08 Francesca, 09 Kiyotsuka, 10 Ogai, 11 Fuertes, 13 Okimoto, 14 Joaquin, 15 Suyama, 16 Coelho, 17 Kudo, 18 Kupau, 19 Nishida, 20 Ito - defts 05 Hironaka and 19 Nishida present in custody. Deft 06 Hironaka present on bail. All other defts' presence waived. Defendant 20 William Ito's M/Continue Trial Date and Extend the Time to File Motions - no opposition. Motion GRANTED. New dates given: Final Pretrial Conference 1-7-02 @ 10, KSC. JS/JT 2-5-02 @ 9, HG. Motions due 12-4-01. Response due 12-18-01. Sheehan to prepare order excluding time from 11-6-01 thru 2-5-02 for continuity of counsel, enable defense counsel time to prepare, and in the interest of justice. Defendant 19 Sandra Nishida's M/Reconsider Detention Order - GRANTED. Bail set at: Deft placed in the Third-Party Custodianship of: her parents Helen and George Takara. Third-Party Custodians advised of their responsibilities. (7a) Execute a bond in the amount of $50,000.00 unsecured bond. (7b) Comply with pretrial services supervision, and abide by all general and special conditions of release as directed by Pretrial Services. (7g) Do not apply for/obtain a passport. (7h) Travel is restricted to: the Island of Oahu. (7l) You are prohibited from entering/frequenting the following areas: the Chinatown area, as defined by Fort Street Mall, Beretania Street, River Street, Nimitz Highway, and Queen Street, without the prior approval of Pretrial Services. (7m) No contact with: co-defendants or witnesses in CR 01-00313HG, CR 00-00314SOM, CR 01-00315SOM, or any related case. Contact is prohibited directly, indirectly, or through third parties. (7n) Undergo a psychiatric/mental health evaluation and/or counseling as directed by Pretrial Services. Take all medications as prescribed. (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. (7t) Do not consume any alcoholic beverages or products containing alcohol while on bond. (7u) Do not use or possess illicit drugs, and do not be in the presence of illicit drug use or drug users/traffickers. (7v) Submit to drug detection testing and/or treatment as directed by Pretrial Services. (7w) Submit to alcohol detection testing and/or treatment as directed by Pretrial Services. (7x) Participate in inpatient and/or outpatient substance abuse treatment as directed by Pretrial Services. Complete the residential phase of treatment at: Sand Island Treatment Center, and do not leave that facility without the prior approval of 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: Do not use or possess a cellular telephone or pager. Upon release from the program, deft shall reside at a residence approved in advance by Pretrial Services. Defendant 05 Kevin Hironaka's M/Reconsider Bail - GRANTED. Bail set at: (7a) Execute a bond in the amount of $50,000.00 unsecured bond. (7b) Comply with pretrial services supervision, and abide by all general and special conditions of release as directed by Pretrial Services. (7g) Do not apply for/obtain a passport. (7h) Travel is restricted to: the Island of Oahu. (7l) You are prohibited from entering/frequenting the following areas: the Chinatown area, as defined by Fort Street Mall, Beretania Street, River Street, Nimitz Highway, and Queen Street, without the prior approval of Pretrial Services. (7m) No contact with: co-defendants or witnesses in CR 01-00313HG, CR 00-00314SOM, CR 01-00315SOM, or any related case. Contact is prohibited directly, indirectly, or through third parties. (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. (7t) Do not consume any alcoholic beverages or products containing alcohol while on bond. (7u) Do not use or possess illicit drugs, and do not be in the presence of illicit drug use or drug users/traffickers. (7v) Submit to drug detection testing and/or treatment as directed by Pretrial Services. (7w) Submit to alcohol detection testing and/or treatment as directed by Pretrial Services. (7x) Participate in inpatient and/or outpatient substance abuse treatment as directed by Pretrial Services. Complete the residential phase of treatment at: Salvation Army Adult Rehabilitation Center, and do not leave that facility without the prior approval of Pretrial Services. Release is delayed pending the availability of bed space. (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: Do not use or possess a cellular telephone or pager. Upon release from the program, the deft is to be brought before the court to determine his residence. Deft 05 Hironaka remanded to custody of marshal USA v. 01 Nakamoto, 02 Yonesaki, 03 Tran, 04 Wong, 05 Hironaka, 06 Hironaka, 07 Inouye, 08 Francesca, 09 Kiyotsuka, 10 Ogai, 11 Fuertes, 13 Okimoto, 14 Joaquin, 15 Suyama, 16 Coelho, 17 Kudo, 18 Kupau, 19 Nishida, 20 Ito Loretta Sheehan 01 Randall Oyama, 02 Dana Ishibashi, 03 Craig Kimsel, 04 Keith Shigetomi, 05 Donald Wilkerson, 06 Darwin Ching, 07 Emmanuel Guerrero, 08 Alvin Nishimura, 09 Anthony Yusi, 10 Reginald Minn by Barry Edwards, 11 Louis Ching by Glenn Choy, 14 Rustam Barbee, 15 Arthur Ross, 16 Pamela Tamashiro, 17 Lane Takahashi, 18 Stuart Fujioka by Pamela Tamashiro, 19 Glenn Choy, 20 Barry Edwards present ( Ct Rptr: Tape 1175 C6) by Mag Judge Barry Kurren (fe) |
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| 2001-10-22 |
267 |
0 |
Response in Opposition |
MEMORANDUM in opposition to motion to strike surplusage and dismiss charges allleged under an unconstitutional statute; [222-1] by plaintiff USA (fe) |
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| 2001-10-23 |
268 |
0 |
Order |
ORDER by Mag Judge Barry M. Kurren granting motion to compel defendant Suzanne Okimoto's return to Hawaii for mental exam; [240-1] - by deft (fe) |
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| 2001-10-25 |
278 |
0 |
Order |
ORDER by Mag Judge Barry M. Kurren granting motion to continue and tolling time under the speedy trial act ; jury trial set for 9:00 2/5/02; pretrial conference set for - time excluded 11/6/01 through 2/5/02 (fe) |
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| 2001-10-25 |
279 |
0 |
Notice of Hearing |
NOTICE of setting hearing on ; withdrawal of not guilty plea set for 2:30 11/14/01 for Colleen Nakamoto before Judge Kevin Chang - notified AUSA Loretta Sheehan and deft's counsel Randall Oyama (fe) |
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| 2001-11-02 |
280 |
0 |
Miscellaneous Document |
FINDINGS and RECOMMENDATIONS on CJA Compensation Claim for Richard Gronna for deft Hong Tran -recommends authorize payment of $45.00 for in court compensation, $195.00 for out of court compensation, and $0 for expenses, for a total of $240.00 -by Mag Judge Barry M. Kurren (fe) |
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| 2001-11-05 |
284 |
0 |
Information to Establish Prior Conviction |
SPECIAL INFORMATION as to prior conviction pursuant to 21 USC 851 USA by USA as to Walter Kupau (fe) |
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| 2001-11-07 |
287 |
0 |
Minutes - Miscellaneous |
EO: MINUTES On November 2, 2001, the following motions came on for hearing before the Court: 1. DEFENDANT (14) LORI JOAQUIN'S MOTION TO STRIKE SURPLUSAGE AND DISMISS CHARGES ALLEGED UNDER AN UNCONSTITUTIONAL STATUTE (filed September 24, 2001) Joined in by (01) Colleen Nakamoto, (02) Darryl Yonesaki, (03) Hong Tran, (04) Amy Wong, (06) Ranel Hironaka, (10) Jamees Ogai, (12) Natasha Pohina, (13) Suzanne Okimoto, (15) Guy Suyama, (16) Loreen Coelho, (17) Allison Kudo, (19) Sandra Nishida, and (20) William Ito The Government filed a Memorandum in Opposition to Motion to Strike Surplusage and Dismiss Charges Alleged Under an Unconstitutional Statute on October 22, 2001 ("Opposition"). 2. DEFENDANT (09) CHEYN KIYOTSUKA'S MOTION TO STRIKE SURPLUSAGE AND/OR TO DISMISS COUNTS 1 AND 4 OF THE INDICTMENT (filed September 28, 2001) Joined in by (02) Darryl Yonesaki, (06) Ranel Hironaka, (08) John Francesco, and (20) William Ito. At the hearing, the Government opposed Defendant Kiyotsuka's motion on the same grounds as stated in its Opposition to Defendant Joaquin's Motion, which the Government filed on October 22, 2001. In addition to the oral argument of Attorney Barbee, Attorneys Edwards and Yusi argued that the entire statute, 21 U.S.C. 841, is unconstitutional on its face. At the time of the hearing, it was not clear that Defendants were served a copy of the Government's Opposition to their motions. The Court reserved its ruling on the motions, directed the Government to serve its Opposition to the motions by October 29, 2001, and allowed Defendants to file any response by November 2, 2001. The parties agreed that the Court would rule on the motions without further hearing. Defendants have not filed any responses to the Government's Opposition to the motions. IT IS HEREBY ORDERED that the above motions are DENIED based on the Ninth Circuit decision in United States v. Nordby, 225 F.3d 1053, 1059-60 (9th Cir. 2000) and the reasoning set forth in Judge Susan Oki Mollway's Order Denying Motion to Strike Surplusage in United States v. Sanchez, CR 00-00188SOM-BMK (filed September 18, 2001). The Ninth Circuit's decision in United States v. Buckland has been vacated and does not control at this time. Submitted by: David H. Hisashima, Courtroom Deputy cc: The above-listed attorneys Judge Gillmor's chambers - by Mag Judge Helen Gillmor (fe) |
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| 2001-11-19 |
295 |
0 |
Order |
ORDER Granting Defendant Natasha Pohina's Motion for Release to drug Treatment program filed November 5, 2001 by Mag Judge Barry M. Kurren (gs) |
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| 2001-11-26 |
299 |
0 |
Notice of Hearing |
NOTICE ~ as to Deft John Francesco - The Final Pretrial Conference before the Honorable Helen Gillmor is set for January 25, 2002 @ 8:30 a.m.; cc: Loretta Sheehan, Alvin Nishimura (gs) |
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| 2001-12-07 |
306 |
0 |
Notice of Hearing |
NOTICE of setting hearing on withdrawal of not guilty plea set for 9:45 12/27/01 for Hong Tran before Judge Susan Oki Mollway - notified Loretta Sheehan AUSA, (03) Craig Kimsel (fe) |
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| 2001-12-12 |
307 |
0 |
Stipulation and Order |
STIPULATION and order by Mag Judge Kevin S. Chang for leave for temporary release of defendant John Francesco for purposes of being assessed for drug treatment - by deft (fe) |
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| 2001-12-14 |
309 |
0 |
Stipulation and Order |
STIPULATION and order by Mag Judge Leslie E. Kobayashi to modify conditions of release - modification of the conditions, the addition of a daily curfew established by the Office of Pre-Trial Services as to Guy Suyama (fe) |
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| 2001-12-21 |
310 |
0 |
Stipulation and Order |
STIPULATION and order by Mag Judge Leslie E. Kobayashi to modify conditions of pretrial release - as to Colleen Nakamoto as follows: 1) no contact with co-defendants or witnesses in CR 01-00313HG, CR 01-00314SOM, CR 01-00315SOM, or any related case, except Colleen Nakamoto may have contact with her fiance Michael Inouye (fe) |
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| 2002-01-07 |
312 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Jury Trial before Judge Helen Gillmor set for 9:00 2/5/02; interpreter needed; Representations by counsel on trial time: days US- 10, Fed. R. Crim. P. 16(a)(1)(C)(E) disclosures made as to Defendant; Fed. R. Evid. 404(b) by 1/9/02; Motions in limine filed and served by 1/16/02; Mem in opp to motions in limine by 1/22/02; Brady and Giglio Material by Jury Instructions exchanged by 1/16/02; Filings required by 4(a)&(b) by 1/23/02; Witness lists per stipulation by 1/29/02; Parties will exchange exhibits; Original exhibits tabbed and in ; Stipulations filed by 1/23/02; Voir Dire Questions by 1/23/02; Trial Briefs by 1/23/02; Jencks Disclosure by the Friday before trial as to Colleen Nakamoto, Darryl Yonesaki, Hong Tran, Amy Wong, Kevin Hironaka, Ranel Hironaka, Michael Inouye, John Francesco, Cheyn Kiyotsuka, James Ogai, Gilbert Fuertes, Natasha Pohina, Suzanne Okimoto, Lori Joaquin, Guy Suyama, Loreen Coelho, Allison Kudo, Walter Kupau, Sandra Nishida, William Ito , ; final pretrial conf set for 2:00 1/22/02 for Colleen Nakamoto, for Darryl Yonesaki, for Hong Tran, for Amy Wong, for Kevin Hironaka, for Ranel Hironaka, for Michael Inouye, for John Francesco, for Cheyn Kiyotsuka, for James Ogai, for Gilbert Fuertes, for Natasha Pohina, for Suzanne Okimoto, for Lori Joaquin, for Guy Suyama, for Loreen Coelho, for Allison Kudo, for Walter Kupau, for Sandra Nishida, for William Ito ; AUSA Thomas Muehleck, Dana Ishibashi, Pamela Tamashiro, Don Wilkerson, Darwin Ching, Anthony Yusi, Reg Minn, Rustam Barbee, Glenn Choy, Barry Edwards present ( Ct Rptr: Tape 847, C5) by Mag Judge Kevin Chang (fe) |
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| 2002-01-09 |
313 |
0 |
Order |
Ex parte motion and ORDER by Mag Judge Kevin S. Chang to modify terms and conditions of release as to deft Amy Wong ; declaration of counsel; certificate of service - deft shall reside with Connie Dang at 1747 Citron Street, Honolulu, HI 96826, phone: 947-9146, all other consistent tems and condition of bail be in full force and effect (fe) |
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| 2002-01-11 |
315 |
0 |
Notice of Hearing |
NOTICE of setting hearing on withdrawal of not guilty plea set for 10:30 1/17/02 for John Francesco before Judge Kevin Chang; Alvin Nishimura to notify Loretta Sheehan (fe) |
|
|
| 2002-01-14 |
317 |
0 |
Notice of Hearing |
NOTICE of setting hearing on withdrawal of not guilty plea set for 11:00 1/24/02 for James Ogai before Judge Kevin Chang; Reginald Minn to notify Loretta Sheehan (fe) |
|
|
| 2002-01-15 |
318 |
0 |
Minutes - Miscellaneous |
EO: MINUTES: Defendant (12) Natasha Pohina's Motion For Release to Drug Treatment Program set for 01/16/2002 11:00:00 KSC. Jerry Wilson's office to notify parties. [314-1] (fe) |
|
|
| 2002-01-11 |
329 |
0 |
Miscellaneous Document |
Report of Final Pretrial Conference, Minutes and Order by Mag Judge Kevin S. Chang (fe) |
|
|
| 2002-01-22 |
335 |
0 |
Notice of Hearing |
NOTICE of hearing on: Motion to withdraw not guilty plea and to plead anew set on 1/24/02 at 11:00 before Magistrate Kevin Chang is withdrawn ; Reginald Minn to notify Loretta Sheehan (fe) |
|
|
| 2002-01-22 |
337 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Final Pretrial Conference; Defendant 16 Loreen Coelho's Motion to Continue Trial - as to defendants 05 Amy Wong, 06 Kevin Hironaka, 06 Ranel Hironaka, 09 Cheyn Kiyotsuka, 10 James Ogai, 11 Gilbert Fuertes, 13 Suzanne Okimoto 14 Lori Joaquin, 15 Guy Suyama 16 Loreen Coelho17 Allison Kudo, 18 Walter Kupau, Jr. 19 Sandra Nishida 20 William Ito. Motion granted. New trial dates given: JT 4-2-02 at 9:00 HG FPT 3-4-02 at 10:00 LEK Mos due 2-15-02 Resp due 3-1-02 The Court finds that the ends of justice served by such an action outweigh the best interest of the public and the defendant in a speedy trial. The Court orders that the period from 2-5-02 to and including 4-2-02 be excluded from computation under the Speedy Trial Act as a failure to grant the continuance would unreasonably deny counsel for the defendant reasonable time necessary for effective preparation, taking into account the exercise of due diligence - granting motion to continue trial by defendant Loreen Coelho [328-1] ; jury trial set for 9:00 4/2/02; final pretrial conf set for 10:00 3/4/02 for Amy Wong, Kevin Hironaka,Ranel Hironaka, Cheyn Kiyotsuka, James Ogai, Gilbert Fuertes, Suzanne Okimoto, Lori Joaquin, Guy Suyama, Loreen Coelho, Allison Kudo, Walter Kupau, Sandra Nishida, William Ito ; Amy Wong, Kevin and Ranel Hironaka, Cheyn Kiyotsuka, James Ogai, Gilbert Fuertes, Suzanne Okimoto, Lori Joaquin, Guy Suyama, Loreen Coelho, Allison Kudo, Walter Kupau, Sandra Nishida, William Ito Attorney Barry D. Edwards, Glenn D. Choy, Stuart N. Fujioka, Lane Y. Takahashi and for Rustam Barbee, Pamela E. Tamashiro and for Richard Pafundi and Keith Shigetomi, Arthur E. Ross, Louis Michael Ching, Reginald P. Minn, R. Steven Geshell, Anthony H. Alvin P.K.K. Nishimura, Donald L. Wilkerson, Omer Poirier for Loretta A. Sheehan present ( Ct Rptr: Tape ESR C5) by Mag Judge Kevin Chang (fe) |
|
|
| 2002-02-08 |
343 |
0 |
Notice of Hearing |
NOTICE of setting hearing on withdrawal of not guilty plea set for 10:30 2/15/02 for Allison Kudo before Judge Barry Kurren; cc: Loretta A. Sheehan, Esq., Lane Y. Takahashi, Esq. (fe) |
|
|
| 2002-02-11 |
344 |
0 |
Stipulation and Order |
STIPULATION modifying conditions of bail and order by Mag Judge Barry M. Kurren re [149-1] - as to deft (15) Guy Suyama - modified by deleting the requirement of compliance with the Electronic Monitoring program, all other condition of Order remain in full effect (fe) |
|
|
| 2002-02-11 |
345 |
0 |
Notice of Hearing |
NOTICE of setting hearing on sentencing to Count 1 of the Superseding Indictment is continued from 2/19/02 to 9:30 3/13/02 for Natasha Pohina before Judge Helen Gillmor - cc: Loretta A. Sheehan, Jerry Wilson (fe) |
|
|
| 2002-02-11 |
346 |
0 |
Notice of Hearing |
NOTICE of setting hearing on withdrawal of not guilty plea and to plead anew is set for 3:00 2/27/02 for Walter Kupau before Judge Barry Kurren - cc: Loretta A. Sheehan, Stuart Fujioka (fe) Modified on 02/12/2002 |
|
|
| 2002-02-11 |
348 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on withdrawal of not guilty plea and to plead anew set for 2:00 2/25/02 for Kevin Hironaka before Judge KURREN (gab) |
|
|
| 2002-02-12 |
349 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on withdrawal of not guilty plea and to plead anew set for 2/15/02 @ 10:30 a.m. is moved to 10:00 2/15/02 for Allison Kudo before Judge KURREN (gab) |
|
|
| 2002-02-14 |
350 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on withdrawal of not guilty plea and to plead anew is set for 10:30 3/7/02 for Lori Joaquin before Judge KOBAYASHI (gab) |
|
|
| 2002-02-19 |
356 |
0 |
Stipulation and Order |
STIPULATION and order by Mag Judge Barry M. Kurren to modify terms and conditions of pretrial release - as to Loreen Coelho (16), modified as follows: 1) deft shall maintain residence at the Lulani Ocean House; 2)shall attend and complete the Intensive Outpatient Program and the Aftercare Program at Hina Mauka; 3)all other terms and conditions of pretrial relase shall remain in full force and effect (fe) |
|
|
| 2002-02-27 |
366 |
0 |
Miscellaneous Document |
CONSENT to Rule 11 plea in a felony case before a United States Magistrate Judge as to Walter Kupau (fe) |
|
|
| 2002-02-27 |
367 |
0 |
Miscellaneous Document |
Report and Recommendation concerning Plea of Guilty as to Walter Kupau (fe) |
|
|
| 2002-02-27 |
368 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: M/Withdraw Not Guilty Plea and to Plead Anew as to 18 Walter Kupau Jr.- deft present in custody. Consent to Rule 11 Plea in a Felony Case Before United States Magistrate Judge signed and filed. Memorandum of Plea Agreement filed. Deft sworn and queried. Advised of rights. Plea of GUILTY entered to Counts 1 and 19 of the Superseding Indictment. Court to submit Report and Recommendation Concerning Guilty Plea recommending that deft be adjudged guilty. Deft advised of right to file objection to Report and Recommendation. Pre-Sentence Investigation Report ordered. SENTENCING 6-24-02 @ 11:15, HG. Deft remanded to custody of U.S. Marshal. - Walter Kupau Attorney Stuart N. Fujioka, Loretta A. present ( Ct Rptr: Tape 1215, C6) by Judge Barry M. Kurren (fe) |
|
|
| 2002-02-27 |
369 |
0 |
Plea Agreement |
MEMORANDUM of Plea Agreement as to Walter Kupau (fe) |
|
|
| 2002-03-01 |
371 |
0 |
Notice of Hearing |
NOTICE of setting hearing on withdrawal of not guilty plea and to plead anew is set for 2:00 3/8/02 for Cheyn Kiyotsuka before Judge Helen Gillmor; cc: Loretta A. Sheehan, Anthony Yusi (fe) Modified on 03/05/2002 |
|
|
| 2002-03-01 |
372 |
0 |
Notice of Hearing |
NOTICE of setting hearing on withdrawal of not guilty plea and to plead anew is set for 11:00 3/8/02 for Michael Inouye Judge Helen Gillmor; cc: Loretta Sheehan, Emmanuel G. Guerrero (fe) |
|
|
| 2002-03-04 |
373 |
0 |
Notice of Hearing |
NOTICE of setting hearing on withdrawal of not guilty plea and to plead anew is set for 11:00 3/15/02 for William Ito before Judge Helen Gillmor; cc: Loretta Sheehan, Barry Edwards (fe) |
|
|
| 2002-03-01 |
375 |
0 |
Notice of Hearing |
NOTICE of setting hearing on sentencing to Count 1 of the superseding Indictment is continued from 3/13/02 to 2:15 3/25/02 for Natasha Pohina before Judge Gillmor; cc: Loretta Sheehan, Jerry I. Wilson (fe) |
|
|
| 2002-03-04 |
376 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Final Pretrial Conference not held. Counsel for Defts (04), (10), (11), (16), (19) and (20) present. Defts presence waived. Counsel for Defendant (10) Reginald Minn will be filing a Motion to Continue Trial with Judge Helen Gillmor. Final Pretrial Conference is continued to 10:00 3/11/02, LEK. Attorney Barry D. Edwards, Glenn D. Choy, Pamela E. Tamashiro, Louis Michael Ching, Reginald P. Minn, Keith S Shigetomi, Loretta A. Sheehan present ( Ct Rptr: FTR-CD3,C7 (10:17-10:21)) by Judge Leslie Kobayashi (fe) |
|
|
| 2002-03-11 |
386 |
0 |
Notice of Hearing |
NOTICE of setting hearing on withdrawal of not guilty plea and to plead anew is set for 9:45 3/13/02 for Guy Suyama before Judge Helen Gillmor; cc: Loretta Sheehan, Arther E. Ross (fe) |
|
|
| 2002-03-18 |
390 |
0 |
Notice of Hearing |
NOTICE of setting hearing on withdrawal of not guilty plea and to plead anew is continued from 3/15/02 to 2:00 4/24/02 for William Ito before Judge Kevin Chang; cc: Loretta Sheehan, Barry D. Edwards (fe) |
|
|
| 2002-03-18 |
391 |
0 |
Notice of Hearing |
NOTICE of setting hearing on sentencing to Count 1 of the first superseding indictment is continued from 3:00 PM to 3:45 7/1/02 for Lori Joaquin before Judge Helen Gillmor; cc: Loretta Sheehan, Rustam Barbee (fe) |
|
|
| 2002-03-18 |
393 |
0 |
Miscellaneous Document |
Acceptance of Plea of Guilty, Adjudication of Guilt and Notice of Sentencing as to Walter Kupau by Judge Helen Gillmor (fe) |
|
|
| 2002-03-21 |
398 |
0 |
Response in Opposition |
MEMORANDUM in opposition to motion to continue sentencing, for psychological and drug assessments, for leave to be assessed outside of the Federal Detention Center, and for leave to enter Hina Mauka by defendant Natasha Pohina [394-1] by plaintiff USA; exhibits a-b (fe) |
|
|
| 2002-03-27 |
401 |
0 |
Notice of Hearing |
NOTICE of setting hearing on sentencing to counts 1 & 16 of the first superseding indictment is continued from 4/1/02 to 11:15 7/8/02 for Colleen Nakamoto before Judge Helen Gillmor; cc: Loretta Sheehan, Randall Miki Oyama (fe) |
|
|
| 2002-03-28 |
402 |
0 |
Notice of Hearing |
NOTICE of setting hearing on the hearing on motion for withdrawal of not guilty plea and to plead anew is set for 11:00 3/29/02 for Loreen Coelho and will be consolidated with the hearing previously set for defendant (11) Gilbert Fuertes before Judge Helen Gillmor; notified the following by telephone: Loretta Sheehan, Pamela Tamashiro (fe) |
|
|
| 2002-03-28 |
403 |
0 |
Ex Parte Motion and order |
EX PARTE MOTION and [proposed] Order by Judge Helen Gillmor by defendant Walter Kupau for authority to obtain services ; declaration of counsel; exhibit a; [SEALED] (fe) |
|
|
| 2002-03-28 |
405 |
0 |
Minutes - Miscellaneous |
EO: MINUTESThe hearing on Defendant's Motion for Authority to Obtain Services is set for Tuesday, April 2, 2002 @ 2:00 p.m. before the Honorable Helen Gillmor. It is ORDERED that the Government's response be filed no later than 4:30 p.m. on Monday, April 1, 2002. At the hearing the Court will direct the parties to address the issue of why the evaluation of the defendant should not be conducted within the federal penal system. cc: Stuart N. Fujioka, Esq. Loretta A. Sheehan, Esq. Judge Gillmor's chambers [403-1] [403-2] by Judge Helen Gillmor (fe) |
|
|
| 2002-03-28 |
406 |
0 |
Notice of Hearing |
NOTICE of setting hearing on defendant's motion for withdrawal of not guilty plea and to plead anew is set for 11:00 3/29/02 for Gilbert Fuertes before Judge Helen Gillmor; cc: Loretta A. Sheehan; Louis M. Ching (fe) |
|
|
| 2002-04-01 |
408 |
0 |
Response in Support |
MEMORANDUM in support of ex parte motion to obtain services [403-1], [403-2] by defendant Walter Kupau; exhibit a; certificate of service [SEALED] (fe) Modified on 04/02/2002 |
|
|
| 2002-04-01 |
409 |
0 |
Response in Support |
MEMORANDUM in support of defendant Walter Kupau, Jr.'s ex parte motion for authority to obtain services [403-1] by plaintiff USA [SEALED] (fe) |
|
|
| 2002-04-02 |
412 |
0 |
Response to Motion |
RESPONSE by plaintiff USA to the proposed presentence report for John Francesco - [SEALED] (fe) |
|
|
| 2002-04-02 |
413 |
0 |
Minutes - Miscellaneous |
EP: MINUTES:DEFENDANT'S MOTION FOR AUTHORITY TO OBTAIN SERVICES - The defendant is present in custody. Arguments made. The motion is denied, however, the Court is willing to authorize an evaluation by a mental health professional within the Bureau of Prisons. The defendant declined the offer. [403-1] ; Walter Kupau Attorney Loretta A. Sheehan, Stuart N. Fujioka present ( Ct Rptr: Stephen Platt) by Judge Helen Gillmor (fe) |
|
|
| 2002-04-03 |
414 |
0 |
Notice of Hearing |
NOTICE of setting hearing on motion for withdrawal of not guilty plea and to plead anew is set for 2:30 4/11/02 for James Ogai before Judge Kevin Chang; cc: Loretta A. Sheehan,Esq., Reginald P. Minn, Esq. motion for withdrawal of not guilty plea and to plead anew is set for 2:30 4/12/02 for Amy Wong before Judge Kevin Chang; cc: Loretta A. Sheehan, Esq., Keith S. Shigetomi, Esq. (fe) |
|
|
| 2002-04-03 |
415 |
0 |
Notice of Hearing |
NOTICE of setting hearing on motion for withdrawal of not guilty plea and to plead anew is set for 3:00 4/8/02 for Sandra Nishida ; cc: Loretta A. Sheehan, Esq., Glenn D. Choy, Esq., motion for withdrawal of not guilty plea and to plead anew is set for 3:00 4/12/02 for Ranel Hironaka before Judge Kevin Chang; cc: Loretta A. Sheehan, Esq., Darwin L.D. Ching, Esq. (fe) |
|
|
| 2002-04-08 |
416 |
0 |
Notice of Hearing |
NOTICE of setting hearing on sentencing hearing continued from March 13, 2002 to 11:15 8/5/02 for John Francesco before Judge Helen Gillmor - cc: Loretta A. Sheehan, Esq., Alvin K. Nishimura, Esq. (fe) |
|
|
| 2002-04-08 |
423 |
0 |
Minutes - Miscellaneous |
EO: MINUTES final pretrial conf set for 4/8/02 10:00 AM has been continued to 10:00 4/15/02, KSC, for Suzanne Okimoto by Mag Judge Kevin Chang (fe) |
|
|
| 2002-04-09 |
424 |
0 |
Notice of Hearing |
NOTICE of setting hearing on sentencing hearing continued from 5/13/02 to 11:15 8/5/02 for John Francesco before Judge Helen Gillmor - cc: Loretta A. Sheehan, Esq., Alvin K. Nishimura, Esq., U.S. Marshal (fe) |
|
|
| 2002-04-09 |
425 |
0 |
Minutes - Miscellaneous |
EO: MINUTES Sentencing set for November 18, 2002 will be at 2:15p.m. instead of 1:30 p.m. before Judge Helen Gillmor. cc: Loretta Sheehan, Glenn Choy, Probation and PreTrial Services- by Mag Judge Helen Gillmor (fe) |
|
|
| 2002-04-10 |
426 |
0 |
Notice of Hearing |
NOTICE of setting hearing on withdrawal of not guilty plea and to plead anew is continued from 2:00 PM to 2:30 4/24/02 for William Ito before Judge Kevin Chang; cc: Loretta A. Sheehan, Esq., Barry D. Edwards, Esq., U.S. Marshal (fe) |
|
|
| 2002-04-10 |
427 |
0 |
Notice of Hearing |
NOTICE of setting hearing on: 1) withdrawal of not guilty plea and to plead anew set for 11:30 4/19/02 for Ranel Hironaka , 2) withdrawal of not guilty plea and to plead anew set for 11:00 4/19/02 for James Ogai before Judge Kevin Chang; notified: Loretta Sheehan, Darwin Ching and Reginald Minn (fe) |
|
|
| 2002-04-15 |
435 |
0 |
Minutes - Miscellaneous |
EO: MINUTES Continued : [Final Pretrial Conference] from 04/15/2002 10:00:00 AM to 04/22/2002 10:00:00 AM KSC. for Suzanne Okimoto by Mag Judge Kevin Chang (fe) |
|
|
| 2002-04-17 |
436 |
0 |
Notice of Hearing |
NOTICE of setting hearing on withdrawal of not guilty plea and to plead anew moved from 4/24/02 to 11:00 4/22/02 for William Ito before Judge Kevin Chang; notified: Loretta Sheehan, Barry Edwards, PTS, USM (fe) |
|
|
| 2002-04-19 |
438 |
0 |
Notice of Hearing |
NOTICE of setting hearing on sentencing as to Count 1 and 16 of the superseding indictment set for 5/20/02 @3:00 PM SOM is continued to 1:30 9/23/02 for Hong Tran before Judge Susan Oki Mollway (fe) |
|
|
| 2002-04-19 |
439 |
0 |
Minutes - Miscellaneous |
EO: MINUTES Motion to Withdraw Not Guilty Plea and to Plead Anew (06) Ranel Hironaka set for 4/19/02 moved to 04/26/2002 03:30:00 PM KSC. by Mag Judge Kevin Chang (fe) |
|
|
| 2002-04-22 |
443 |
0 |
Minutes - Miscellaneous |
EO: MINUTES nal Pretrial Conference moved from 4-22-02 to 04/23/2002 09:30:00 AM KSC. Loretta Sheehan to notify Alan Warner. ; final pretrial conf set for 9:30 4/23/02 for Suzanne Okimoto by Mag Judge Kevin Chang (fe) |
|
|
| 2002-04-23 |
448 |
0 |
Notice of Hearing |
NOTICE of setting hearing on withdrawal of not guilty plea and to plead anew is set for 3:00 4/29/02 for Suzanne Okimoto , the final pretrial conference set for 3:00 4/29/02 for Suzanne Okimoto before Judge Helen Gillmor - cc: Loretta A. Sheehan, Alan G. Warner, U.S. Marshal (fe) |
|
|
| 2002-04-24 |
449 |
0 |
Stipulation and Order |
STIPULATION to consolidate sentencing with CR. No. 01-00314SOM and order by Judge Susan O. Mollway sentencing hearing set for 11:15 9/3/02 for Loreen Coelho before Judge Helen Gillmor (fe) |
|
|
| 2002-04-25 |
450 |
0 |
Stipulation and Order |
STIPULATION and order by Mag Judge Kevin S. Chang to modify terms of bail ; certificate of service - as to Michael Inouye (07) deft to reside at: 91-2080 Fort Weaver Road, Ewa Beach, HI 96706, Ph: 681-4101 (fe) |
|
|
| 2002-04-23 |
451 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Final Pretrial Conference - defendant 13 Suzanne Okimoto's presence waived. CRIMINAL FINAL PRETRIAL CONFERENCE Jury Trial before Judge Helen Gillmor on May 7, 2002 at 9:00.a.m.. Representations by counsel on trial time: The United States: 4 day(s) Defendant Suzanne Okimoto: l day(s) Fed. R. Crim. P. 16(a) (1) (C) (E) disclosures made as to Defendants: 1. Fed. R. Evid. 404(b) : April 10, 2002 2. a. Motions in Limine filed and served by :April 17, 2002. b. Memoranda in opposition to motions in limine filed and served by: April 22, 2002. 3. Brady and Giglio Material by: April 17, 2002 4. a. Jury Instructions exchanged by April 17, 2002. b. Filings required by 4(a) & (b) by: April 24, 2002. 5. Witness Lists per stipulation by April 30, 2002. 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 April 24, 2002. 8. Voir Dire Questions: In writing by April 24, 2002. 9. Trial Briefs: by April 24, 2002. 10. Jencks Disclosures by the Friday before trial 11. Other Matters: 12. Pretrial Conference before HG 3:00 p.m. on April 29, 2002 ; Attorney Loretta A. Sheehan, Alan G. Warner present ( Ct Rptr: Tape 1224, C6) by Judge Kevin Chang (fe) |
|
|
| 2002-04-26 |
452 |
0 |
Minutes - Miscellaneous |
EO: MINUTES - Continued : [Motion to Withdraw Not Guilty Plea and to Plead Anew (06) Ranel Hironaka] from 04/26/2002 03:30:00 PM to 04/29/2002 11:00:00 AM KSC. Notified Sheehan. Minn to notify Darwin Ching. by Mag Judge Kevin Chang (fe) |
|
|
| 2002-04-26 |
453 |
0 |
Minutes - Miscellaneous |
EO: MINUTES -Continued : [Motion to Withdraw Not Guilty Plea and to Plead Anew 10 James Ogai] from 04/26/2002 03:00:00 PM to 04/29/2002 11:00:00 AM KSC. Notified Sheehan and Minn. by Mag Judge Kevin Chang (fe) |
|
|
| 2002-05-06 |
466 |
0 |
Stipulation and Order |
STIPULATION and order by Mag Judge Barry M. Kurren to modify terms and conditions of bail - as to Amy Wong - that she not be subject to electronic monitoring and may be permitted contact with her mother, My Lee at the discretion of Pre-Trial Services (fe) |
|
|
| 2002-05-02 |
467 |
0 |
Miscellaneous Document |
FINDINGS and RECOMMENDATIONS on CJA Compensation Claim for Jerry Wilson, Esq. as to Natasha Pohina 12 by Mag Judge Kevin S. Chang (eps) |
|
|
| 2002-05-07 |
469 |
0 |
Sentencing Memorandum |
plaintiff USA SENTENCING Statement as to Walter Kupau (fe) |
|
|
| 2002-05-09 |
470 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on sentencing hearing as to count 1 of the superseding indictment is continued from 06/10/02 to 11:15 6/20/02 for Darryl Yonesaki before Judge Helen Gillmor (bbb) |
|
|
| 2002-05-10 |
471 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on sentencing hearing to count 1 of the superseding indictment is continued from June 10 to 3:00 6/20/02 for Allison Kudo before Judge Helen Gillmor (bbb) |
|
|
| 2002-05-09 |
472 |
0 |
Stipulation and Order |
STIPULATION to continue sentencing date for defendant Hong Tran and order by Judge Susan O. Mollway sentencing hearing set for 1:30 9/23/02 for Hong Tran (fe) |
|
|
| 2002-05-13 |
473 |
0 |
Notice of Hearing |
NOTICE of setting hearing on ; sentencing to Count 1 of the first superseding indictment is continued from 6/17/02 to 3:00 6/21/02 for Kevin Hironaka before Judge Helen Gillmor - cc: Loretta A. Sheehan, Esq.; Donald L. Wilkerson, Esq. (fe) |
|
|
| 2002-05-14 |
476 |
0 |
Sentencing Memorandum |
defendant Walter Kupau SENTENCING Statement; certificate of service (fe) |
|
|
| 2002-06-05 |
487 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on sentencing as to count 1 of the superseding indictment is continued fro 06/20/02 to 2:15 10/28/02 for Darryl Yonesaki before Judge Helen Gillmor (bbb) |
|
|
| 2002-06-10 |
491 |
0 |
Motion for Miscellaneous Relief |
MOTION for downward departure by USA as to Walter Kupau Motion hearing set for 6/24/02 @11:15am, HG [SEALED] (fe) |
|
|
| 2002-06-10 |
492 |
0 |
Motion for Miscellaneous Relief |
Notice of Motion and MOTION for downward departure by defendant Walter Kupau ; memorandum in support of motion; Motion hearing set for 6/24/02 @11:15am, HG [SEALED] (fe) |
|
|
| 2002-06-12 |
493 |
0 |
Miscellaneous Document |
FINDINGS and RECOMMENDATIONS on CJA Compensation Claim by Mag Judge Barry M. Kurren - this court recommends that the court authorize payment of $172.50 for in court compensation and $4,095.00 for out of court compensation for a total payment of $4,267.50 (fe) |
|
|
| 2002-06-18 |
495 |
0 |
Notice of Hearing |
NOTICE of setting hearing on sentencing to Count 1 of the first superseding indictment hearing set for 9:45 7/8/02 for Kevin Hironaka before Judge Helen Gillmor (fe) |
|
|
| 2002-06-21 |
501 |
0 |
Sentencing Memorandum |
defendant Walter Kupau second SENTENCING Statement; exhibit b; certificate of service [SEALED] (fe) |
|
|
| 2002-06-24 |
502 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: SENTENCING TO COUNT 1 AND 19 OF THE SUPERSEDING INDICTMENT - U.S.' MOTION FOR DOWNWARD DEPARTURE - DEFENDANT'S MOTION FOR DOWNWARD DEPARTURE - The defendant is present in custody. The Memorandum of Plea Agreement is accepted. Allocution by the defendant. U.S.'s Motion for Downward Departure is granted. Defendant's Motion for Downward Departure is denied. sentencing Walter Kupau (18) count(s) 19. ADJUDGED: 140 mos impr as to each count, with both terms to be served concurrently, and 10 yrs supervised release as to each count, with both terms to be served concurrently, and upon the following special conditions: 1.That the defendant shall abide by the standard conditions of supervision. 2.That the defendant not commit any crimes Federal, State, or Local (mandatory condition). 3.That the defendant not possess illegal controlled substances (mandatory 4.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 from imprisonment and least two drug tests thereafter, as directed by the Probation Office (mandatory condition). 5.That the participate in a substance abuse program, which may include drug testing at the discretion and direction of the Probation Office. 6.That the defendant is prohibited from possessing a firearm as defined in 18 U.S.C. 921. 7.That the defendant is prohibited from possessing any illegal or dangerous weapons. 8.That the defendant provide the Probation Office access to any requested financial information. 9.That the defendant shall submit his person, residence, place of employment, or vehicle to a search conducted by the U.S. Probation Office at a reasonable time and in a reasonable manner, based upon reasonable suspicion of contraband or evidence of a violation of a condition of release. Failure to submit to a search may be grounds for revocation. The defendant shall warn any other resident the premises may be subject to search pursuant to this condition. Special assessment: $200. Advised of rights to appeal the sentences, etc. RECOMMENDATION: 1. Lompoc, 2. Sheridan or 3. Terminal Island, or any other facility in Western Region . That the defendant participate in the 500-Hour Comprehensive Drug Treatment Program and be enrolled in educational and vocational training programs. Mittimus forthwith ; Walter Kupau, Malia Eversole USPO, Attorney Loretta A. Sheehan, Stuart N. Fujioka present ( Ct Rptr: Lisa Groulx) by Judge Helen Gillmor (fe) |
|
|
| 2002-06-26 |
504 |
0 |
Notice of Hearing |
NOTICE of setting hearing on sentencing to Counts 1 & 16 of the First Superseding Indictment is continued from 7/8/02 to 11:15 10/28/02 for Colleen Nakamoto before Judge Helen Gillmor (fe) |
|
|
| 2002-06-28 |
512 |
0 |
Judgment |
JUDGMENT and Commitment as to Walter Kupau by Judge Helen Gillmor (cc: all counsel) (gab) |
|
|
| 2002-07-02 |
517 |
0 |
Presentence Investigation Report |
PRESENTENCE Report on Walter Kupau (original sealed and held in probation office). (bbb) |
|
|
| 2002-07-02 |
518 |
0 |
Sentencing Memorandum |
SENTENCING RECOMMENDATION as to Walter Kupau (original sealed and held in probation office) (bbb) |
|
|
| 2002-07-05 |
522 |
0 |
Findings and Recommendations |
FINDINGS and RECOMMENDATIONS on CJA Compensation Claim by Mag Judge Leslie E. Kobayashi - recommends that the court authorize payment of $475.50 for in court compensation, and $4,542.00 for out of court compensation, for a total payment of $5,017.50 as requested by counsel Lane Takahashi for defendant Allison Kudo (17) (fe) Modified on 08/12/2002 |
|
|
| 2002-07-15 |
530 |
0 |
Stipulation and Order |
STIPULATION and order by Judge Helen Gillmor to modify conditions of release as to defendant Colleen Nakamoto (01) - (1) no contact with co-defts or witnesses in CR 01-313 , CR01-314, CR 01-315 or any related case, except Colleen Nakamoto may have contact with her fiance Michael Inouye and her brother Kevin Hironaka - on behalf of deft (fe) |
|
|
| 2002-07-22 |
534 |
0 |
Notice of Hearing |
NOTICE of setting hearing on sentencing to counts 1 and 2 of the first superseding indictment is continued from 7/30/02 to 11:00 8/23/02 for Michael Inouye before Judge Helen Gillmor (fe) |
|
|
| 2002-07-23 |
538 |
0 |
Minutes - Miscellaneous |
EP : Order To Show Cause Why Bail Should Not Be Revoked as to defendant (08) (01)John Francesco - defendant present. Defendant admits to violations. Bail revoked. Defendant remanded to the custody of the U. S. Marshals. re [535-1] ( Ct Rptr : Tape 918, C5) JUDGE Mag Judge Kevin S. Chang (fe) |
|
|
| 2002-07-25 |
542 |
0 |
Notice of Hearing |
NOTICE of setting hearing on sentencing to Counts 5 & 6 of the first superseding Indictment is continued from 8/5/02 to 11:15 10/15/02 for John Francesco before Judge Helen Gillmor - notified: Loretta A. Sheehan, Alvin Nishimura (fe) |
|
|
| 2002-07-26 |
543 |
0 |
Notice of Hearing |
NOTICE of setting hearing on sentencing to Count 1 of the First Superseding Indictment is continued from 9/9/02 to 2:15 12/2/02 for Amy Wong before Judge Helen Gillmor - notified: Loretta A. Sheehan; Keith S. Shigetomi (fe) |
|
|
| 2002-08-05 |
552 |
0 |
Remark |
Letters of support on behalf of defendant Michael Inouye; exhibits; certificate of service (fe) |
|
|
| 2002-08-02 |
554 |
0 |
Miscellaneous Document |
FINDINGS and RECOMMENDATIONS on CJA Compensation Claim by Mag Judge Kevin S. Chang - for deft Walter Kupau, Jr. by attorney Stuart Fujioka, this court recommends that the court authorize payment of $157.50 for in court compensation, $7,450.50 for out of court compensation, and $160.04 for other expenses, for a total payment of $7,768.04 (fe) |
|
|
| 2002-08-06 |
555 |
0 |
Minutes - Miscellaneous |
EO: MINUTE ORDER The portion of the Judgment and Commitment, filed August 1, 2002, regarding the Court's recommendation of place of incarceration is amended to read: Nellis AFB, NV, or in the alternative, SCP Sheridan (Sateilite Camp) OR. by Judge Helen Gillmor (fe) |
|
|
| 2002-08-20 |
568 |
0 |
Certificate of Service |
CERTIFICATE of service by plaintiff USA - as to United States' motion for downward departure re: Michael Inouye (fe) |
|
|
| 2002-08-21 |
569 |
0 |
Notice of Hearing |
NOTICE of setting hearing on sentencing hearing set for 3:45 12/22/02 for Hong Tran before Judge Susan Mollway; notified Loretta Sheehan AUSA and (03) Craig Kimsel; Mr. Kimsel to prepare the stipulation (fe) |
|
|
| 2002-09-10 |
583 |
0 |
Judgment Returned Executed |
JUDGMENT and Commitment returned executed on 8/29/02 as to Walter Kupau (18) count(s) 1, 19 to FCI Sheridan, OR (fe) |
|
|
| 2002-09-09 |
584 |
0 |
Response/Reply - Miscellaneous |
Statement of OBJECTIONS by plaintiff USA to the presentence investigation report; exhibit a - as to deft James Ogai [SEALED] (fe) |
|
|
| 2002-09-13 |
590 |
0 |
Stipulation and Order |
STIPULATION and order by Mag Judge Leslie E. Kobayashi for Temporary Release of Defendant John Francisco (08) for purposes of being assess for drug treatment - 09/20/02 (gab) |
|
|
| 2002-09-13 |
591 |
0 |
Miscellaneous Document |
FINDINGS and RECOMMENDATIONS on CJA Compensation Claim by Mag Judge Barry M. Kurren - Arthur Ross, Esq. - $4,476.00 as to deft. Guy Suyama (15) (gab) |
|
|
| 2002-09-16 |
592 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on ; sentencing to Count 1 of the Superseding Indictment is continued from 10/28/02 to 10:00 11/8/02 for Darryl Yonesaki before Judge Helen gillmor (gab) |
|
|
| 2002-09-17 |
595 |
0 |
CJA 20 - Authorization to Pay |
CJA Form 20 (Attorney Payment Voucher# 020917000230) by Attorney Stuart Fujioka as to Walter Kupau in the amount of $7768.04 by Judge Helen Gillmor/9CCA Delegate (eps) |
|
|
| 2002-09-19 |
601 |
0 |
Stipulation and Order |
STIPULATION to continue sentencing date for defendant Hong Tran and order by Judge Susan O. Mollway ; sentencing hearing set for 3:45 12/2/02 for Hong Tran (gab) |
|
|
| 2002-09-25 |
606 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on sentencing to count 1 of the superseding indictment is continyed from 10/15/02 to 10:00 10/16/02 for Ranel Hironaka before Judge Helen Gillmor; cc: Loretta A. Sheehan & Darwin L.D. Ching (bbb) |
|
|
| 2002-10-02 |
611 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on ; sentencing to Counts 5 and 6 of the First Superseding Indictment in CR 01-313HG and Counts 1,2,3 and 5 of the Indictment in CR 01-315HG are contd from 10/15/02 to 1:30 4/21/03 for John Francesco before Judge Helen Gillmor (eps) |
|
|
| 2002-10-02 |
612 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on sentencing/Defendant's Motion for Downward Departure is continued from 10/15/02 to 11:00 10/18/02 for Ranel Hironaka before Judge Helen Gillmor (gab) |
|
|
| 2002-10-16 |
623 |
0 |
Miscellaneous Document |
FINDINGS and RECOMMENDATIONS on CJA Compensation Claim for attorney Louis Ching in the amount of $4,313.10 as to deft Gilbert Fuertes by Mag Judge Leslie E. Kobayashi (bbb) |
|
|
| 2002-10-21 |
629 |
0 |
Notice of Hearing |
NOTICE of setting hearing on defendant's motion to continue sentencing is set for 2:15 11/18/02 along with the senctencing for Sandra Nishida before Judge Helen Gillmor; the government may file a respons to the motion (fe) |
|
|
| 2002-10-25 |
632 |
0 |
Notice of Hearing |
NOTICE of setting hearing on sentencing to Counts 1 and 16 of the First Superseding Indictment is continued from 10/28/02 to 10:00 11/13/02 for Colleen Nakamoto before Judge Helen Gillmor (fe) |
|
|
| 2002-11-05 |
640 |
0 |
Miscellaneous Document |
FINDINGS and RECOMMENDATIONS on CJA Compensation Claim by Mag Judge Kevin S. Chang - recommends payment of $4,843.31 as requested by counsel Barry Edwards (fe) |
|
|
| 2002-11-12 |
643 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on ; sentencing hearing as to counts 1 and 16 of the superseding indictment set for 3:45 12/02/02 SOM is continued to 2:15 3/10/03 for Hong Tran before Judge Susan O. Mollway; notified Loretta Sheehan AUSA and (03) Craig Kimsel; Ms. Sheehan to prepare the stipulation to continue (bbb) |
|
|
| 2002-11-18 |
649 |
0 |
Remark |
Letter of Transmittal from Attorney Glenn D. Choy re: Deft Sandra Nishida (19) sentencing (fe) |
|
|
| 2002-11-29 |
653 |
0 |
Notice of Hearing |
NOTICE of setting hearing on sentencing to Count 1 of the First Superseding Indictment hearing set for 3:00 3/17/03 for Amy Wong before Judge Helen Gillmor (fe) |
|
|
| 2002-12-12 |
661 |
0 |
Notice of Hearing |
NOTICE of setting hearing on sentencing to the information is advanced from 11:15 to 9:00 12/13/02 for Sandra Nishida before Judge Helen Gillmor (fe) |
|
|
| 2003-01-24 |
674 |
0 |
Stipulation and Order |
STIPULATION and order by Mag Judge Leslie E. Kobayashi to modify terms and conditions of defendant's release ; certificate of service - as to Deft Amy Wong - modified such that she be permitted to possess and to use a cellular phone (fe) |
|
|
| 2003-01-24 |
675 |
0 |
Miscellaneous Document |
FINDINGS and RECOMMENDATIONS on CJA Compensation Claim by Mag Judge Kevin S. Chang - recommends payment of $4,141,50 as requested by counsel Alan Warner (fe) |
|
|
| 2003-03-05 |
681 |
0 |
Notice of Hearing |
Amended: NOTICE of hearing setting hearing on Sentencing as to Counts 1 and 16 of the Superseding Indictment; Government's Motion for Downward Departure set for 3/10/03 @ 2:15 p.m. SOM are continued to 6/9/03 @ 3:00 p.m. SOM. Notified: Loretta Sheehan AUSA and (03) Craig Kimsel. Ms. Sheehan to prepare the stipulation. sentencing hearing set for 3:00 6/9/03 for Hong Tran before Judge Susan O. Mollway (bbb) |
|
|
| 2003-03-13 |
682 |
0 |
Stipulation and Order |
STIPULATION and order by continuing sentencing Judge Susan O. Mollway; sentencing hearing set for 3:00 6/9/03 for Hong Tran (bbb) |
|
|
| 2003-04-18 |
687 |
0 |
Minutes - Miscellaneous |
EO: MINUTES:The Minutes of March 25, 2003 is amended to reflect that the defendant is now known as: "Amy Wong-Layola". by Judge Helen Gillmor (fe) |
|
|
| 2003-05-05 |
693 |
0 |
Order |
Ex Parte Motion to Extend Date of Surrender; Declaration of Counsel; Exhibit A; Order Granting Ex-Parte Motion Modify Terms and conditions of Bail and Certificate of Service by Judge Helen Gillmor (gs) |
|
|
| 2003-08-06 |
704 |
0 |
Miscellaneous Document |
FINDINGS and RECOMMENDATIONS on CJA Compensation Claim by Mag Judge Leslie E. Kobayashi - recommends payment of $7,220.99 as requested by counsel Glenn Choy (fe) |
|
|
| 2003-09-03 |
705 |
0 |
Miscellaneous Document |
FINDINGS and RECOMMENDATIONS on CJA Compensation Claim by Mag Judge Kevin S. Chang - recommends payment of $4,962.00 as requested by counsel Anthony H. Yusi (fe) |
|
|
| 2003-11-14 |
708 |
0 |
Miscellaneous Document |
FINDINGS and RECOMMENDATIONS on CJA Compensation Claim by Mag Judge Leslie E. Kobayashi - recommends payment of $3,441.98 as requested by counsel Pamela Tamashiro (fe) |
|
|
| 2003-11-14 |
709 |
0 |
Miscellaneous Document |
FINDINGS and RECOMMENDATIONS on CJA Compensation Claim by Mag Judge Leslie E. Kobayashi - recommends payment of $4,670.90 as requested by counsel Alvin K. Nishimura (fe) |
|
|
| 2004-08-31 |
712 |
0 |
Order |
Request for Modifying the Conditions or Term of Supervision with Consent of the Offender by Judge Helen Gillmor as to deft. Cheyn Kiyotsuka (09) - 4) That the defendant shall serve up to 6 months community confinement in a community corrections center such as Mahoney Hale, at the discretion and direction of the Probation Office. While serving the term of community confinement, the defendant shall comply with the rules and regulations of Mahoney Hale. (gab) |
|
|
| 2004-12-29 |
718 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing onsetting hearing on The hearing on Order to Show Cause Why Supervised Release Should Not Be Revoked is set for January 5, 2005 @ 11:15 a.m. before the Honorable Helen Gillmor. Thomas C. Muehleck,Esq. Loretta A. Sheehan, Esq. Federal Public Defender [716-1] as to defendant (09) Cheyn Kiyotsuka (bbb) |
|
|
| 2005-02-09 |
725 |
0 |
Response in Opposition |
MEMORANDUM in opposition to Motion Under 28 U.S.C. 2255 to vacate, set aside or correct sentence by a person in Federal Custody; Certificate of service by plaintiff USA (gs) |
|
|
| 2005-03-15 |
728 |
0 |
Order |
ORDER denying motion to vacate, set aside, or correct sentence uncer 28 U.S.C. section 2255 [723-1] by Judge Helen Gillmor (cc: all counsel) as to defendant (02) Darryl Yonesaki (bbb) Modified on 04/04/2005 |
|
|
| 2005-03-16 |
729 |
0 |
Response in Opposition |
Government's MEMORANDUM in opposition to WRIT of error audita querela by defendant Kevin Hironaka [727-1]; certificate of service (bbb) |
|
|
| 2005-03-21 |
731 |
0 |
Order |
ORDER notifying Movant of the Court's intention to construe movant's motion entitled "Under the 'All Writs Act'," filed on February 23, 2005, as a motion to vacate, set aside, or correct sentence by a person in federal custody pursuant to 28 U.S.C. Section 2255 and giving Movant the opportunity to withdraw or amend his pleading by Judge Helen Gillmor re [727-1]: Movant is GIVEN 30 days from the date of filing of this order to withdraw his motion or to amend it so that it contains all the Section 2255 claims he believes he has. as to KEVIN EIJI HIRONAKA [CV 05-00146HG-LEK] (cc: all counsel)(bbb) Modified on 03/22/2005 |
|
|
| 2005-04-12 |
737 |
0 |
Order |
MINUTE ORDER - On February 3, 2005, Movant filed a Motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. 2255. On March 15, 2005 the Court issued an order denying the motion. On April 4, 2005, Movant filed a Notice of Appeal and an APPLICATION FOR CERTIFICATE OF APPEALABILITY. The APPLICATION is DENIED. Under the Antiterrorism and Effective Death Penalty Act, the Court may issue a certificate of appealability only if Movant "has made a substantial showing of the denial of a constitutional right." 28 U.S.C. 2253(C)(2)To make a substantial showing of a denial of a constitutional right under Section 2253, a movant is required to show that reasonable jurists could debate whether the issues should have been resolved differently or are "adequate to deserve encouragement to proceed further." Slack v. McDaniel, 529 U.S. 473, 483-84 (2000) (quoting Barefoot v. Estelle, 463 U.S. 880, 893 and n.4 (1983)). When a motion is denied based on procedural grounds without reaching the merits of the claim, a certificate of appealability shall be issued if movant makes two showings. See Slack, 529 U.S. at 484-85. First, a movant must show reasonable jurists would find "it debatable whether the petition states a valid claim of the denial of a constitutional right." Id. at 484. Second, a movant must show reasonable jurists would find "it debatable whether the district court was correct in its procedural ruling." Id. Both showings are required before a Certificate of Appealability will be issued. See Lambright v. Stewart, 220 F.3d 1022, 1026-27 (9th Cir. 2000). The two components are each part of a threshold inquiry. Slack, 529 U.S. at 485. "[A] court may find that it can dispose of the application in a fair and prompt manner if it proceeds first to resolve the issue whose answer is more apparent from the record and arguments." Id. Movant has not shown that reasonable jurists would find it debatable that the habeas motion states a valid claim of the denial of a constitutional right. Movant's petition is premised on the holdings of Blakely v. Washington, 124 S. Ct. 2531 (2004) and United States v. Booker, 125 S. Ct. 738 (2005). The holdings of Blakely and Booker do not provide Movant with a constitutional right as they are not retroactively applicable to cases on collateral review. Four circuit courts of appeals have held that Blakely and Booker are not retroactively applicable. Humphress v. United States, 398 F.3d 855 (6th Cir. 2005); McReynolds v. United States, 397 F.3d 479, 481 (7th Cir. 2005); United States v. Price, 400 F.3d 844, 848 (10th Cir. 2005); Varela v. United States, 400 F.3d 864, 868 (11th Cir. 2005). There does not appear to be a debate among jurists whether Blakely and Booker apply retroactively. The APPLICATION FOR CERTIFICATE OF APPEALABILITY is DENIED. IT IS SO ORDERED. by Judge Helen Gillmor re [735-1] (bbb) |
|
|
| 2005-04-27 |
738 |
0 |
Order |
MINUTE ORDER: On February 23, 2005, Movant filed a "Writ of Error Audita Querela Attacking the Judgment." On March 21, 2005, the Court issued an order notifying Movant, pursuant to Castro v. United States, 540 U.S. 375, 383 (2003), that the Court intended to construe Movant's filing as a motion for habeas corpus relief pursuant to 28 U.S.C. 2255. The order notified Movant of the consequences of the construal and gave Movant 30 days to withdraw or amend his motion. On April 1, 2005, Movant filed three documents. 1. Withdrawal of Motion for Writ of Audita Querela The first document Movant filed on April 1, 2005 is entitled "Reply to the Government's Response to Petitioner's Audita Querela' and to Object to the Writ's Recharacterization." Movant vigorously objects to the Court's construal of his motion for writ of audita querela as a motion pursuant to 28 U.S.C. 2255. The Court construes Movant's objection as a withdrawal of the motion for Writ of Audita Querela. The MOTION FOR WRIT OF AUDITA QUERELA is WITHDRAWN. As the action has been withdrawn, the case is DISMISSED. 2. Notice of Appeal The second document Petitioner filed on April 1, 2005 is a notice of appeal to the United States Court of Appeals for the Ninth Circuit. Movant has made no express request for a certificate of appealability. The Court construes the notice of appeal as such a request. See United States v. Asrar, 116 F.3d 1268, 1269 n.2 (9th Cir. 1997). The Court may issue a certificate of appealability, pursuant to the Antiterrorism and Effective Death Penalty Act, only if Movant "has made a substantial showing of the denial of a constitutional right." 28 U.S.C. 2253(C)(2). To make a substantial showing of a denial of a constitutional right under Section 2253, a movant is required to show that reasonable jurists could debate whether the issues should have been resolved differently or are "adequate to deserve encouragement to proceed further." Slack v. McDaniel, 529 U.S. 473, 483-84 (2000) (quoting Barefoot v. Estelle, 463 U.S. 880, 893 and n.4 (1983)). The issue Movant contests is whether his motion for writ of audita querela attacking his sentence must be construed as a motion for habeas corpus relief pursuant to 28 U.S.C. 2255. The law is clear on the issue and there is no debate amongst reasonable jurists. See United States v. Valdez-Pacheco, 237 F.3d 1077, 1080 (9th Cir. 2001). The REQUEST FOR CERTIFICATE OF APPEALABILITY is DENIED. 3. Application to Proceed In Forma Pauperis The third document Movant filed on April 1, 2005 is an Application to Proceed In Forma Pauperis before the Court of Appeals. Movant is currently a prisoner. He has not submitted a certified copy of his trust fund account statement for the 6-month period immediately preceding the filing of his notice of appeal. 28 U.S.C. 1915(a). Nor has Movant submitted an affidavit that includes a statement of all assets he possesses and that he is unable to pay the costs of the appeal. Id. The APPLICATION TO PROCEED IN FORMA PAUPERIS is DENIED. IT IS SO ORDERED. by Judge Helen Gillmor [736-1], re [735-1] (bbb) |
|
|
| 2005-05-02 |
739 |
0 |
USCA Notice of Docketing Record on Appeal |
APPEAL number 05-15742 received from 9CCA regarding [735-1] as to Defendant (02) DARRYL YONESAKI (bbb) |
|
|
| 2005-05-16 |
740 |
0 |
Appeal Record Sent to USCA |
Original Record transmitted to Clerk, 9CCA - 7 volumes original clerk's files; 8 volumes RT: 03/25/02, 03/29/02, 04/02/02, 06/20/02, 07/01/02, 07/30/02, 07/30/02, 12/13/02; certified copy of docket sheet (re- APPEAL NO. 05-15742; (02)DARRYL YONESAKI) (afc) Modified on 05/16/2005 |
|
|
| 2005-05-16 |
741 |
0 |
USCA Notice of Docketing Record on Appeal |
APPEAL number 05-15870 received from 9CCA regarding [732-1] as to defendant (05) KEVIN EIJI HIRONAKA (bbb) |
|
|
| 2005-06-15 |
743 |
0 |
Order |
PROB 12B: request for modifying the conditions or term of supervision; ORDER by Judge Helen Gillmor: to modify as follows - Warrantless search-You shall submit to the search of your person, property, or automobile under your control by the Probation Officer, or any other authorized person under the immediate and personal supervision of the probation officer without a search warrant to ensure compliance with all conditions of release. Mental health treatment-You shall participate in and successfully complete a mental health treatment program, which may include testing, evaluation, medication management, outpatient counseling or residential placement, as approved and directed by the probation officer. Substance abuse treatment-You shall participate in and successfully complete a substance abuse treatment program, which will include drug testing, outpatient counseling, or residential placement, as approved and directed by the probation officer. (bbb) Modified on 06/15/2005 |
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|