Case details

Court: hid
Docket #: 1:01-cr-00350
Case Name: USA v. Balanza
PACER case #: 4890
Date filed: 2001-08-30
Date terminated: 2002-05-30
Date of last filing: 2005-05-06

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2001-08-20 1 0 Complaint COMPLAINT by Kalae Phillips against Robert Balanza signed by Mag Judge Kevin S. Chang [ 1:01-m -636 ] (sealed)
2001-08-20 2 0 Detention - Miscellaneous Motion to detain defendant without bail as to Robert Balanza [ 1:01-m -636 ] (sealed)
2001-08-20 3 0 Minutes - Miscellaneous EP: MINUTES: INITIAL APPEARANCE of Robert Balanza Initial Appearance-Defendant Present in Custody. Defendant Sworn to the Financial Affidavit Request for Court Appointed Attorney-Granted. AFPD-Pamela Byrne appointed as Defendant's Counsel. Detention Hearing set for 08-23-2001 @l0:30 a.m. before Judge Chang. Preliminary Hearing set for 08-30-2001 @3:30 p.m. before Judge Chang. Defendant remanded to the Custody of the U.S. Marshal's Robert Balanza Attorney Pamela J. Byrne present ( Ct Rptr: TAPE 810 C-5) by Mag Judge CHANG [ 1:01-m -636 ] (gab)
2001-08-20 4 0 Financial Affidavit - CJA23 FINANCIAL Affidavit as to Robert Balanza [ 1:01-m -636 ] (gab)
2001-08-21 5 0 Notice of Hearing NOTICE of hearing setting hearing on ; detention hearing set for 8/23/01 @ 10:30 a.m. KSC is rescheduled to 10:00 8/23/01 for Robert Balanza before Judge CHANG; [ 1:01-m -636 ] (gab)
2001-08-22 6 0 Service - Miscellanous RETURN on Clerks Temporary Commitment - exec by USM - 8/20/01 as to defendant Robert Balanza [ 1:01-m -636 ] (gab)
2001-08-23 7 0 Minutes - Miscellaneous EP: MINUTES: detention hearing held on 8/23/01 as to defendant Robert Balanza. Defendant present. Motion to detain granted. Defendant remanded to the custody of the U.S. Marshals. Robert Balanza Attorney Pamela J. Byrne, Tracy Hino present ( Ct Rptr: Tape C5 812) by Mag Judge CHANG [ 1:01-m -636 ] (gab)
2001-08-30 8 0 Indictment EP: INDICTMENT by USA Counts filed against Robert Balanza (1) count(s) 1; PS ordered ( Barbara Acoba ) by Mag Judge CHANG (gab) Additional attachment(s) added on 4/14/2006 (gab, ).
2001-08-30 9 0 Minutes - Miscellaneous EP: MINUTES: A&P as to defendant Robert Balanza defendant present. dft Robert Balanza arraignment waived; plea of not guilty entered; Attorney present; , ; jury trial set for 9:00 10/30/01 DAE for Robert Balanza ; final pretrial conf set for 10:00 10/1/01 BMK for Robert Balanza mos due 9/20/01; resp due 10/4/01; custody status to continue. Robert Balanza Attorney Pamela J. Byrne, Tracy Hino present ( Ct Rptr: Tape C5 817) by Mag Judge CHANG (gab)
2001-08-31 10 0 Summons Issued PS issued as to Robert Balanza ; arraignment set for 3:30 8/31/01 for Robert Balanza before Mag Judge Kevin S. Chang (gab)
2001-08-31 11 0 Summons Returned Executed PS returned unexecuted as to Robert Balanza (gab)
2001-10-01 12 0 Notice of Hearing NOTICE of hearing setting hearing on ; withdrawal of not guilty plea and to plead anew set for 10:30 10/18/01 for Robert Balanza before Judge KURREN (gab)
2001-10-17 13 0 Notice of Hearing NOTICE of hearing setting hearing on withdrawal of not guilty plea and to plead anew continued from 10/18/01 to 2:00 10/25/01 for Robert Balanza before Judge KURREN (gab)
2001-10-22 14 0 Notice of Hearing NOTICE of hearing setting hearing on ; withdrawal of not guilty plea and to plead anew is continued from 10/25/01 to 10:30 11/9/01 for Robert Balanza before Judge KURREN (gab)
2001-10-25 15 0 Notice of Hearing NOTICE of hearing setting hearing on the date of trial in the above entitled matter is continued from 10/30/01 to 9:00 11/13/01 for Robert Balanza stipulation to follow (gab)
2001-10-25 16 0 Motion to Dismiss Notice of Motion and MOTION to strike to dismiss the indictment by defendant Robert Balanza memorandum of law; certificate of service; Motion hearing set for 11/2/01 @ 9:00 a.m. (DAE) (gab)
2001-10-26 17 0 Response in Opposition MEMORANDUM in opposition to defendant's motion to strike surplusage and/or to dismiss the indictment by plaintiff USA; declaration of counsel; certificate of service (gab)
2001-10-29 18 0 Stipulation and Order STIPULATION and order continuing trial and excluding time by Judge David A. Ezra ; jury trial set for 9:00 11/13/01 for Robert Balanza , Time excluded from 10/30/01 to 11/13/01 (gab)
2001-11-02 19 0 Minutes - Miscellaneous EP: MINUTES: motion to dismiss the indictment by defendant Robert Balanza [16-1]; Defendant is not present and his presence is waived; motion is denied; Attorney Pamela J. Byrne, Tracy Hino present ( Ct Rptr: Terrence Chun) by Judge EZRA (gab) Modified on 11/02/2001
2001-11-09 20 0 Minutes - Miscellaneous EP: MINUTES: Motion for Withdrawal of Not Guilty Plea and To Plead Anew as to Defendant Robert Balanza. Deft present in custody. Deft sworn, questioned by the Court. Consent to Rule 11 Plea In a Felony Case Before United States Magistrate, signatures verified and filed. Court informs Deft of sentencing guidelines, possible departure from sentencing guidelines, supervised release, etc. Defendant on probation with State Court. Plea of Guilty as to the Indictment entered by the Deft. R&R signed, with 10 days to object. Pre-Sentence report ordered from USPO. SENTENCING as to the Indictment set for March 25, 2002 @3:00 p.m. before Judge David Alan Ezra. Detention Order to remain. Deft remanded to the custody of the US Marshal. Robert Balanza Attorney Pamela J. Byrne, Tracy Hino present ( Ct Rptr: C6 Tape 1189) by Mag Judge KURREN (gab)
2001-11-09 21 0 Miscellaneous Document Report and Recommendation concerning Plea of Guilty as to Robert Balanza (gab)
2001-11-09 22 0 Miscellaneous Document CONSENT to Rule 11 plea in a felony case before a United States Magistrate Judge as to Robert Balanza (gab)
2001-11-30 23 0 Miscellaneous Document Acceptance of Plea of Guilty, Adjudication of Guilt and Notice of Sentencing as to Robert Balanza by Judge David A. Ezra (gab)
2002-02-06 24 0 Sentencing Memorandum Government' SENTENCING Statement as to Robert Balanza; certificate of service (SEALED) (gab)
2002-02-15 25 0 Sentencing Memorandum defendant Robert Balanza's response to the draft presentence report as to Robert Balanza; certificate of service (SEALED) (gab)
2002-02-14 26 0 Notice of Hearing NOTICE ~ as to Deft Robert Balanza ~ Sentencing date set for 3/25/02 @ 3:00 p.m. DAE has been continued to 4/4/02 @ 11:15 a.m. DAE; cc: Constance Hassell; Pamela Byrne (gs)
2002-03-20 27 0 Motion for Miscellaneous Relief Sentencing memorandum and MOTION for downward departure by defendant Robert Balanza memorandum of law; exhibits a-b; declaration of counsel; certificate of service; Motion hearing set for 04/04/02 11:15 a.m. (DAE) (SEALED) (gab)
2002-03-29 28 0 Response in Opposition MEMORANDUM of Law in opposition to defendant's motion for downward departure; Declaration; Certificate of Service [27-1] by plaintiff USA (gs)
2002-04-03 29 0 DECLARATION of Philip Farabaugh, M.D. by plaintiff USA (SEALED) (gab)
2002-04-04 30 0 Notice of Hearing NOTICE of hearing setting hearing on sentencing hearing continued from 4/4/02 to 10:30 4/15/02 for Robert Balanza before Judge EZRA (gab)
2002-04-12 31 0 Notice of Hearing NOTICE of hearing setting hearing on sentencing date has been continued from 4/15/02 @ 1:30 p.m. DAE to 9:45 5/1/02 for Robert Balanza before Judge Ezra (gab)
2002-04-17 32 0 Stipulation and Order STIPULATION and order extending sentencing date by Judge David A. Ezra ; sentencing hearing set for 9:45 5/1/02 for Robert Balanza (gab)
2002-04-25 33 0 Notice of Hearing NOTICE of hearing setting hearing on ; sentencing hearing has been continued from 5/1/02 9:45 a.m. DAE to 11:15 5/30/02 for Robert Balanza before Judge David Ezra (gab)
2002-04-25 34 0 Stipulation and Order STIPULATION and order extending sentencing date by Judge David A. Ezra ; sentencing hearing set for 11:15 5/30/02 for Robert Balanza (gab)
2002-05-23 35 0 Sentencing Memorandum Supplemental Declaration by defendant Robert Balanza to Defendant Balanza's SENTENCING memorandum and motion for downward departure as to Robert Balanza; certificate of service (SEALED) (gab)
2002-05-30 36 0 Minutes - Miscellaneous EP: MINUTES: Sentencing to Count 1 of the Indictment as to Defendant Robert Balanza. Defendant's Motion for Downward Departure. Defendant Robert Balanza present in custody. Defendant's Motion for Downward Departure-DENIED. Presentence Report adopted. Sentencing recommendations heard. Allocution by Defendant Robert Balanza. sentencing Robert Balanza (1) count(s) 1. SENTENCE: Imprisonment: 30 months Supervised Release: 6 years CONDITIONS: Defendant shall observe the standard conditions of supervised release. Defendant shall not commit any Federal, State, or local crimes. Defendant shall not possess illegal controlled substances. 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 at least two drug tests thereafter, as directed by the Probation Office. Defendant shall participate in a substance abuse program, which may include drug testing at the discretion and direction of the Probation Office. Without the prior approval of the Probation Office, the defendant shall not enter the "Operation Weed and Seed" target area which is bordered by Lunalilo Freeway, Nuuanu Avenue, Bethel Street, Nimitz Highway, North King Street, Dillingham Boulevard, and Kokea Street, as depicted in the map to be attached to the Judgment. Unless there is a specific medical facility located within the area, and with the prior approval of the Probation Office. That the defendant is prohibited from possessing a firearm as defined in 18 U.S.C. 921. That the defendant is prohibited from possessing any illegal or dangerous weapons. That the defendant participate in a mental health program at the discretion and direction of the Probation Office. Special Assessment: $100.00. JUDICIAL RECOMMENDATIONS: Federal Hospital. , terminating party Robert Balanza Defendant advised of his right to appeal., case terminated ; Robert Balanza, Robin DeMello (USPO), Attorney Constance Hassell, Pamela J. Byrne present ( Ct Rptr: Cynthia Fazio) by Judge David Alan Ezra (gab)
2002-06-10 37 0 Judgment JUDGMENT and Commitment as to Robert Balanza by Judge David A. Ezra (cc: all counsel) (gab)
2002-06-17 38 0 Presentence Investigation Report PRESENTENCE Report on Robert Balanza (original sealed and held in probation office). (bbb)
2002-06-17 39 0 Sentencing Memorandum SENTENCING RECOMMENDATION as to Robert Balanza (original sealed and held in probation office) (bbb)
2003-11-26 40 0 Miscellaneous Document PETITION for Revocation of Supervised Release/Probation; BW ordered, for Robert Balanza by Judge David A. Ezra (bbb)
2003-11-26 41 0 Warrant Issued ARREST Warrant issued for Robert Balanza bail set for NO BAIL by Judge David A. Ezra (bbb)
2003-12-02 42 0 Minutes - Miscellaneous EP: MINUTES: Order to Show Cause Why Supervised Release Should Not Be Revoked: Deft is present - in custody. Deft admits to violations 1-3. Deft's Motion Continue sentence to see if whether he would be eligible for a drug rehabilitation program is Granted. Sentence continued to January 20, 2004 @ 3:45 p.m.; Violation of Supervised Release Hearing Held - Judge David A. Ezra as to Robert Balanza [40-1]; Robert Balanza, USA Attorney Constance Hassell, Pamela J. Byrne present ( Ct Rptr: ESR) by Judge David A. Ezra (bbb)
2003-12-05 43 0 Warrant Returned Executed ARREST Warrant returned executed as to Robert Balanza on 11/28/03 (bbb)
2004-01-07 44 0 Notice of Hearing NOTICE of hearing setting hearing onsetting hearing on Order to Show Cause has been continued from 1/20/2004 to 1/28/2004 @2:15pmDAE AUSA: Constance Hassell AFPD: Pamela Byrne [40-1] (bbb)
2004-01-14 45 0 Notice of Hearing NOTICE of hearing setting hearing onsetting hearing on petition [40-1] Sentencing date has been changed from 1/28/2004 to 1/29/2004 @3:00pmDAE AUSA: Loretta Sheehan AFPD: Pamela Byrne (bbb)
2004-01-29 46 0 Stipulation and Order STIPULATION and order continuing sentencing and order to show cause hearing date by Judge David A. Ezra ; sentencing hearing set for 1:30 3/11/04 for Robert Balanza ; osc hearing set for 1:30 3/11/04 setting hearing on Scheduling order Violation of Supervised Release Hearing Held - Judge David A. Ezra as to Robert Balanza [42-1] 1:30 3/11/04 (bbb)
2004-03-11 47 0 Minutes - Miscellaneous EP: MINUTES: Order to Show Cause Why Supervised Released Should Not Be Revoked. Defendant Robert Balanza present in custody. Defendant admits to all violations. Order to Show Cause Why Supervised Released Should Not Be Revoked-REVOKED [40-1] Violation of Supervised Release Hearing Held - Judge David A. Ezra as Robert Balanza , amended sentence Robert Balanza (1) count(s) 1. SENTENCE: Imprisonment: 14 MONTHS Supervised Release: 50 MONTHS 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 condition). 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 defendant is prohibited from possessing a firearm as in 18 U.S.C. 921. 6) That the defendant is prohibited possessing any illegal or dangerous weapons. 7) That the defendant participate in a substance abuse program, which may include drug testing at the discretion and direction of the Probation Office. 8) That the defendant participate in mental health program at the discretion and direction of Probation Office. 9)Without the prior approval of the Probation Office, the defendant shall not enter the "Operation Weed and Seed" target area which is bordered by Lunalilo Freeway, Nuuanu Avenue, Bethel Street, Nimitz Highway, North King Street, Dillingham Boulevard, and Kokea Street, as depicted in the map to be attached to the Judgment. 10) That the defendant enter Miller Hale and remain there until accepted into a residential treatment program at the discretion and direction of the Probation Office. Defendant advised of his right to appeal. Mittimus forthwith. Defendant remanded to the custody of U.S. Marshals as to Robert Balanza ; Robert Balanza Attorney Pamela J. Byrne, Loretta Sheehan present ( Ct Rptr: Cynthia Fazio) by Judge David Alan Ezra (eps)
2004-03-19 48 0 Judgment JUDGMENT and Commitment as to Robert Balanza by Judge David A. Ezra (cc: all counsel) {for revocation of probation or supervised release, for offenses committed on or after 11/1/87} (fe) Additional attachment(s) added on 11/21/2006 (tbf, ).
2005-02-14 49 0 Order PROB 12B: request for modifying the conditions or term of supervision; ORDER by Judge David A. Ezra amended sentence Robert Balanza (1) count(s) 1.: 02/14/2005 - 5. That the defendant serve up to 6 months community confinement in a community corrections center such as Mahoney Hale, at the discretion and of the Probation Office. While serving the term of confinement, the defendant shall participate in an outpatient substance abuse program and attend mental health treatment as approved and directed by the Probation Office. (bbb)
2005-02-22 50 0 Miscellaneous Document PETITION for Revocation of Supervised Release; BW ordered, for Robert Balanza by Judge David A. Ezra (bbb)
2005-02-22 51 0 Warrant Issued ARREST Warrant issued for Robert Balanza bail set for NO BAIL by Judge David A. Ezra (bbb)
2005-04-19 52 0 Notice of Hearing NOTICE of hearing setting hearing onsetting hearing on An Order to Show Cause has been set for 4/21/2005 @ 945amDAE AUSA: Loretta Sheehan, AFPD: Pamela Byrne [50-1] (bbb)
2005-04-19 53 0 Warrant Returned Executed ARREST Warrant returned executed as to Robert Balanza on 4/18/05 (bbb)
2005-05-06 54 0 Judgment JUDGMENT and Commitment as to Robert Balanza by Judge David A. Ezra (cc: all counsel) (gab) Modified on 06/08/2005 Additional attachment(s) added on 8/1/2006 (bbb, ).
2005-04-21 55 0 Minutes - Miscellaneous EP: MINUTES: Order to Show Cause Why Supervised Release Should Not Be Revoked. Defendant Robert Balanza present in custody. Defendant admits to all violations. [50-1] amended sentence Robert Balanza (1) count(s) 1. 04/21/2005 - SENTENCE: Imprisonment: 22 MONTHS Supervised Release: None JUDICIAL RECOMMENDATIONS: Bureau of Prisons Hospital as to Robert Balanza , Defendant advised of his right to appeal; Defendant remanded to the custody of U.S. Marshals. ; Robert Balanza, USA Attorney Loretta A. Sheehan, Pamela J. Byrne, Peter Yoshihara-USPO present ( Ct Rptr: Cynthia T. Fazio) by Judge David A. Ezra (bbb) Modified on 06/08/2005