Case details

Court: hid
Docket #: 1:02-cr-00053
Case Name: USA v. Reis-Moniz
PACER case #: 8336
Date filed: 2002-02-13
Date of last filing: 2008-06-17

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2002-02-05 1 0 Complaint COMPLAINT by Tanya Tano, DEA against Scott Reis-Moniz, Rambeau Gahan signed by Mag Judge Barry M. Kurren [ 1:02-m -62 ] (sna)
2002-02-05 2 0 Motion for Miscellaneous Relief Notice of Motion and MOTION to detain by USA as to Scott Reis-Moniz [ 1:02-m -62 ] (sna)
2002-02-05 4 0 Order of Detention ORDER of Temporary Detention Pending Hearing Pursuant to Bail Reform Act as to Scott Reis-Moniz by Mag Judge Barry M. Kurren [ 1:02-m -62 ] (bbb)
2002-02-05 6 0 Minutes - Miscellaneous EP: MINUTES: Initial Appearance as to 01 Scott Reis-Moniz, 02 Rambeau Gahan - deft present. Attorneys Green and Park made special appearances. Detention Hearings set for 2-7-02 @ 10, BMK. Preliminary Hearings set for 2-20-02 @ 10, BMK ; Scott Reis-Moniz, Rambeau Gahan, USA present ( Ct Rptr: C6 Tape #1202) by Mag Judge Barry M. Kurren [ 1:02-m -62 ] (bbb)
2002-02-07 7 0 Minutes - Miscellaneous EP: MINUTES: Detention Hearing as to 01 Scott Reis-Moniz, 02 Rambeau Gahan - defts present. 01 Michael Green makes special appearance, 02 William Harrison appears as retained counsel. Further Detention Hearing 2-8-02 @ 3 p.m., BMK. Scott Reis-Moniz, Rambeau Gahan, USA Attorney Michael Kawahara present for AUSA Loretta Sheehan; (01) Michael Green - special appearance; (02) William Harrison (retained) present (Ct Rptr: C6 Tape 1202, 1203) by Mag Judge Barry M. Kurren [ 1:02-m -62 ] (afc)
2002-02-08 8 0 Minutes - Miscellaneous EP: MINUTES: Further Detention Hearing as to 01 Scott Reis-Moniz, 02 Rambeau Gahan - defts present. Bail as to 01 Reis-Moniz: (7a) Execute a bond in the amount of $135,000.00 property bond. Property must be posted prior to the defendant's release. (7b) Comply with pretrial services supervision, and abide by all general and special conditions of release as directed by Pretrial Services. (7g) Surrender any passport and all travel documents to the U.S. District Clerk's Office. Do not apply for/obtain a passport. Surrender no later than: February 21, 2002 (7h) Travel is restricted to: the District of Hawaii. Inter island travel must be approved in advance by Pretrial Services (7m) No contact with: co-defendants or witnesses in MA 02-0062BMK (7p) Comply with the Electronic Monitoring program under the direction of Pretrial Services. You are restricted to your residence at all times except as pre-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. Sheehan to file an appeal by 3 p.m. on 2-11-02. Deft Reis-Moniz remanded to custody of marshal. Bail as to 02 Gahan: (7a) Execute a bond in the amount of $100,000.00 cash bond. The cash must be posted prior to the defendant's release. (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 District of Hawaii. Inter island travel must be approved in advance by Pretrial Services. (7m) No contact with: co-defendants or witnesses in MA 02-0062BMK. (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. denying motion to detain by USA as to Rambeau Gahan [3-1], denying motion to detain by USA as to Scott Reis-Moniz [2-1] detention hearing held on 2/8/02 , execute a bond in the amt of $135,000.00 property bond for deft 01, property must be posted prior to the deft's release; execute a bond in the amt of $100,000.00 cash bond for deft 02, the cash must be posted prior to the deft's release , ; (01) Scott Reis-Moniz, (02) Rambeau Gahan present ( Ct Rptr: C6 tape 1204) by Mag Judge Kurren [ 1:02-m -62 ] (lmg)
2002-02-13 12 0 Indictment EP: INDICTMENT by USA Counts filed against Scott Reis-Moniz (1) count(s) 1, 2, Rambeau Gahan (2) count(s) 1, 3; PS ordered ( Marjann Shawler ) by Mag Judge KURREN (gab) Additional attachment(s) added on 4/4/2006 (bbb, ). 2010-02-15 06:17:52 01f14e180f4de111fd35d282c287c7df20ebeefe
2002-02-13 13 0 Notice of Hearing NOTICE of hearing setting hearing on arraignment to indictment continued from 2/15/02 to 10:00 2/19/02 for Rambeau Gahan before Judge KURREN (gab)
2002-02-13 14 0 Summons Issued PS issued as to Scott Reis-Moniz ; arraignment set for 3:00 2/15/02 for Scott Reis-Moniz before Mag Judge Barry M. Kurren (gab)
2002-02-14 16 0 Notice of Hearing NOTICE of hearing setting hearing on arraignment set for 10:30 2/19/02 BMK for Scott Reis-Moniz, 3:00 2/21/02 LEK for Rambeau Gahan by Judge KURREN (gab)
2002-02-15 17 0 Miscellaneous Document MORTGAGE for Scotty Reis-Moniz in the amount of $ 135,000.00 security mortgage; address of property- 47-689 Ahiki Street; Waimanalo, HI 96795 TMK: 1-8-7-004-012; title of owner- Michael Tynanes, Sheila Victoria Tynanes, Sophia Terese Niaulani Tynanes (gab)
2002-02-19 18 0 Minutes - Miscellaneous EP: MINUTES: A & P to Indictment as to 01 Scott Reis-Moniz - deft present. Arrn waived. Plea of NOT GUILTY entered. Dates given: JS/JT 4-16-02 @ 9 a.m., HG. Final Pretrial Conference 3-11-02 @ 10 a.m., LEK. Motions due 3-12-02. Response due 3-27-02. Bail to continue. ; Scott Reis-Moniz Attorney Michael Jay Green, Loretta A. Sheehan present ( Rptr: Tape 1211,C6) by Mag Judge Barry Kurren (fe)
2002-02-20 20 0 Detention - Miscellaneous APPEARANCE BOND ( $135,000.00 Secured by Property, Secured by TMK 1-8-7-004-012) posted by Scott Reis-Moniz signed by Judge Barry M. Kurren (fe)
2002-02-20 21 0 Detention - Miscellaneous APPEARANCE BOND ( $135,000.00 Secured by Property) posted by Scott Reis-Moniz signed by Judge Barry M. Kurren (fe)
2002-02-20 22 0 ORDER Setting Conditions of Release for Scott Reis-Moniz ( $135,000.00 Secured by Property posted ) by Mag Judge Barry M. Kurren (fe)
2002-02-20 23 0 Motion for Forfeiture of Property AGREEMENT TO FORFEIT PROPERTY by defendant Scott Reis-Moniz - the following property: 87-0223E St. John's Road Waianae, HI 96792 Tax Key No. (1) 8-7-004-012 (fe) Modified on 1/26/2006 (gab, ).
2002-02-19 24 0 Summons Returned Executed PS returned unexecuted as to Scott Reis-Moniz (gs)
2002-02-22 26 0 Receipt for Passport NOTICE and Receipt of Passport - 120572384 Passport Number (placed in vault) by defendant Scott Reis-Moniz (fe)
2002-03-06 27 0 Motion to Continue Notice of Motion and MOTION to continue trial week by defendant Scott Reis-Moniz ; declaration of Michael Jay Green; certificate of service - Motion hearing set for 3/11/02 @10:00 AM, LEK (fe)
2002-03-11 28 0 Minutes - Miscellaneous EP: MINUTES:Defendant (01) Scott Reis-Moniz' Motion to Continue Trial - Defendants (01) Scott Reis-Moniz and (02) Rambeau Gahan not present, presence waived. Motion Granted. Jury Selection/Trial is continued to 9:00 7/23/02, HG Final Pretrial Conference set for 10:00 6/24/02, LEK Defendant's Motions due 6/10/02 Government's Response due 6/24/02 Time excluded from 4/16/02 thru 7/23/02 for purposes of the Speedy Trial Act. Sheehan to prepare Order continuing Trial and Excluding Time. [27-1] Scott Reis-Moniz, Rambeau Gahan Attorney Loretta A. Sheehan, Michael Jay Green, William Harrison present ( Ct Rptr: FTR-CD3, C7 (10:42-10:45)) by Judge Leslie Kobayashi (fe)
2002-03-12 29 0 Order ORDER setting trial date and tolling time under the Speedy Trial Act by Mag Judge Leslie E. Kobayashi - on behalf of USA - JT: 7/23/02; FPT: 6/24/02 @10:00, LEK; 4/16/02 through 7/23/02 excluded (fe)
2002-04-11 30 0 Miscellaneous Document FINDINGS and RECOMMENDATIONS on CJA Compensation Claim ; $377.50 recommended for Atty Barry Edwards by Mag Judge Leslie E. Kobayashi (gs)
2002-04-15 31 0 CJA 20 - Authorization to Pay CJA Form 20 (Attorney Payment Voucher# 020415000196) by Attorney Barry D. Edwards as to Scott Reis-Moniz in the amount of $377.50 by Judge Barry M. Kurren (bbb)
2002-06-19 32 0 Minutes - Miscellaneous EO: MINUTES Continued : [Final Pretrial Conference] from 06/24/2002 10:00:00 AM, BMK to 06/28/2002 02:30:00 PM before KSC. Darlene of Michael Jay Green's office to notify all parties. final pretrial conf set for 2:30 6/28/02 for Scott Reis-Moniz, for Rambeau Gahan by Mag Judge Leslie Kobayashi (fe)
2002-06-28 33 0 Minutes - Miscellaneous EO: MINUTES final pretrial conf continued from 6/28/02 2:30 p.m. to 3:00 7/5/02 KSC for Scott Reis-Moniz, for Rambeau Gahan by Mag Judge Kevin S.C. Chang (gab)
2002-07-11 34 0 Order ORDER setting trial date and tolling time under the speedy trial act by Judge Helen Gillmor ; jury trial set for 9:00 8/13/02 for Scott Reis-Moniz, for Rambeau Gahan ; pretrial conference set for 8:30 8/2/02 for Scott Reis-Moniz, for Rambeau Gahan , - on behalf of USA - 7/23/02 through 8/13/02 excluded (fe)
2002-07-17 35 0 Notice of Hearing NOTICE of setting hearing on withdrawal of not guilty plea set for 2:45 8/1/02 for Rambeau Gahan before Judge Helen Gillmor -notified: Loretta A. Sheehan, William A. Harrison (fe)
2002-07-19 36 0 Notice of Hearing NOTICE of hearing setting hearing on ; withdrawal of not guilty plea and to plead anew is continued from 08/01/02 to 11:30 7/29/02 KSC for Rambeau Gahan before Judge Helen Gillmor (bbb)
2002-07-26 37 0 Notice of Hearing NOTICE of setting hearing on withdrawal of not guilty plea and to plead anew is continued from 7/29/02 to 10:30 8/8/02 for Rambeau Gahan before Judge Helen Gillmor - notified: Loretta A. Sheehan, Thomas J. Brady, William A. Harrison (fe)
2002-08-02 38 0 Minutes - Miscellaneous EP: MINUTES:FINAL PRETRIAL CONFERENCE - DEFENDANT (01) SCOTT REIS-MONIZ' MOTION FOR WITHDRAWAL OF NOT GUILTY PLEA AND TO PLEAD ANEW - Defendant (01) Scott Reis-Moniz is present on bond. Defendant (02) Rambeau Gahan is not present and his presence is waived by counsel. Government will take 3 days to present its case. The defense believe that the case will take no longer than 3 days. Mr. Harrison is excused from the courtroom. Defendant (01) Reis-Moniz was sworn. Questioned. Advised of his constitutional rights and the provisions of the Sentencing Guidelines. Count 1 of the Indictment was publicly read by the Court. Advised of the mandatory minimum and maximum penalties provided by law. Ms. Sheehan summarized the Memorandum of Plea Agreement. MEMORANDUM OF PLEA AGREEMENT filed. Ms. Sheehan summarized the government's evidence against the defendant. The defendant admitted his involvement in this case. Guilty plea entered to Count 1 of the Indictment. Referred for presentence investigation and report, and sentencing is set for December 9, 2002 @ 3:00 p.m. The Court found that the defendant is not a flight risk nor a danger to the community. The bond is continued ; Scott Reis-Moniz Attorney Loretta A. William Harrison, Michael Jay Green present ( Ct Rptr: Stephen Platt) by Judge Helen Gillmor (eps)
2002-08-02 39 0 Plea Agreement MEMORANDUM of Plea Agreement as to Scott Reis-Moniz (eps)
2002-10-18 42 0 Sentencing Memorandum plaintiff USA SENTENCING Statement as to Scott Reis-Moniz; certificate of service (fe)
2002-11-01 44 0 Response/Reply - Miscellaneous OBJECTIONS, corrections and additions by defendant Scott Reis-Moniz regarding the proposed presentence report [42-1]; certificate of service [SEALED] (fe)
2002-11-15 45 0 Sentencing Memorandum defendant Scott Reis-Moniz SENTENCING memorandum; exhibits a-m; certificate of service (SEALED) (bbb)
2002-12-04 48 0 Notice of Hearing NOTICE of setting hearing on sentencing hearing set for 2:00 12/17/02 for Scott Reis-Moniz before Judge Helen Gillmor (fe)
2002-12-13 49 0 Notice of Hearing NOTICE of setting hearing on sentencing hearing set for 2:00 1/24/03 for Rambeau Gahan before Judge Helen Gillmor (fe)
2002-12-17 50 0 Minutes - Miscellaneous EP: MINUTES:SENTENCING TO COUNT 1 OF THE INDICTMENT - The defendant is present on bond. The Memorandum of Plea Agreement is accepted. The Court found that the defendant qualifies for the "safety valve" provision as set forth in 18 U.S.C. 3553(f)(1)-(5). Allocution by the defendant. Exhibits A thru M attached to the Government's Sentencing Memorandum are received in evidence. sentencing hearing held on 12/17/02 , sentencing Scott Reis-Moniz (1) count(s) 1. ADJUDGED: 135 mos impr. SUPERVISED RELEASE: 5 yrs upon the following conditions: 1.That the defendant shall abide by the 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. 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 (mandatory condition). 5.That the defendant is prohibited from possessing a firearm as defined in 18 U.S.C. 921. 6.That the defendant is prohibited from 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. the defendant provide the Probation Office access to any requested financial information. Special assessment: 100. Advised of rights to appeal the sentence, etc. ; MITTIMUS: December 26, 2002 by 2:00 p.m. to the U.S. Marshal for the District of Hawaii. Government's Motion to Dismiss Count 2 of the Indictment is granted. RECOMMENDATION: Nellis AFB, NV, or in the alternative, Lompoc, CA. That the defendant participate in a drug treatment program and be enrolled in educational and vocational training programs. sentencing Scott Reis-Moniz (1) count(s) 2. Government's Motion to Dismiss Count 2 of the Indictment is granted. , terminating party Scott Reis-Moniz ; Scott Reis-Moniz Attorney Loretta A. Sheehan, Michael Jay Green; Brett Price, case agent, DEA, Rosalie Lenchenko, case agent DEA task force; Rosanne T. Donahoe USPO present ( Rptr: Stephen Platt) by Judge Helen Gillmor (fe)
2002-12-23 51 0 Judgment JUDGMENT and Commitment as to Scott Reis-Moniz by Judge Helen Gillmor (cc: all counsel) (fe)
2003-01-08 52 0 Presentence Investigation Report PRESENTENCE Report on Scott Reis-Moniz (original sealed and held in probation office). (fe)
2003-01-08 53 0 Sentencing Memorandum SENTENCING RECOMMENDATION as to Scott Reis-Moniz (original sealed and held in probation office) (fe)
2003-01-31 58 0 Order ORDER discharging mortgage by Mag Judge Leslie E. Kobayashi re [17-1] - on behalf of deft Scotty Reis-Moniz (fe)
2003-02-07 61 0 Miscellaneous Document RELEASE OF MORTGAGE executed by Walter A.Y.H. Chinn, Clerk (re: deft (01) Scott Reis-Moniz) (afc)
2003-03-20 63 0 Miscellaneous Document Release of MORTGAGE - RE: Certificate No. 427-820 - on behalf of deft Scott Reis-Moniz (01) (fe)
2005-05-09 66 0 Motion to Vacate/Set Aside/Correct Sentence (2255) MOTION to vacate and correct sentence under 28:2255 by Scott Reis-Moniz filed as Civil Case # CV 05-00310 HG-BMK referred to Judge Helen Gillmor (cc: HG, AUSA) (emt)
2005-05-09 67 0 Response in Support MEMORANDUM of law in support of motion for correction of sentence under 28:2255 [66-1] by defendant Scott Reis-Moniz (emt)
2005-05-17 68 0 Motion for Miscellaneous Relief MOTION for counsel Jeffrey M. Brandt to appear pro hac vice under Local Rule 83.1 and without local counsel by defendant Scott Reis-Moniz ; proposed order - referred to Judge Helen Gillmor (bbb)
2005-05-17 69 0 Order MINUTE ORDER: On May 9, 2005, Movant filed a Motion for habeas corpus relief pursuant to 28 U.S.C. 2255. Also on May 9, 2005, Counsel for Movant lodged a MOTION FOR COUNSEL TO APPEAR PRO HAC VICE. Counsel requests the Court waive the requirement of Local Rule 83.1(e)(5), which requires the designation and participation of local counsel for attorneys appearing pro hac vice. Counsel's motion to appear pro hac vice complies with the Local Rules except for not designating local counsel. The Court is unwilling to waive the Local Rules' requirement of designation of local counsel. The MOTION FOR COUNSEL TO APPEAR PRO HAC VICE is Denied. Movant is considered pro se.: by Judge Helen Gillmor [68-1] (bbb)
2005-06-07 70 0 Response in Opposition MEMORANDUM in opposition to motion under 28 U.S.C. section 2255 to vacate, set aside or correct sentence by a person in federal custody [66-1]; exhibits a-c; certificate of service by plaintiff USA (bbb)
2005-06-22 71 0 Order ORDER denying motion to vacate, set aside, or correct sentence under 28 U.S.C. 2255 [66-1] by Judge Helen Gillmor as to Defendant Scott Reis-Moniz (cc: all counsel) (bbb)
2005-06-24 72 0 Response in Support Defendant Scotty Reis-Moniz's reply MEMORANDUM in support of motion for correction of sentence under 28 U.S.C. 2255 [66-1] (bbb)
2005-07-15 73 0 Notice of Appeal - Final Judgment NOTICE OF APPEAL and Request for Certificate of Appealability by defendant Scott Reis-Moniz regarding [71-1] (gab)
2005-07-27 74 0 Order ORDER denying application for a certificate of appealability by Judge Helen Gillmor re [73-1] (cc: all counsel & 9CCA) (bbb)
2005-10-12 75 0 Order on Motion to Substitute Attorney WITHDRAWAL of counsel; ORDER: certificate of service by Judge Helen Gillmor (bbb)
2005-10-18 76 0 Appeal Record Sent to USCA Original Record transmitted via FEDEX to Clerk, 9CCA (emt)
2005-11-25 77 0 USCA Order APPEAL Order from 9CCA re request for a certificate of appealability-denied [73-1] (cc: all counsel, USPO, USDJ) (bbb) Additional attachment(s) added on 8/1/2006 (gab, ). 2010-02-15 06:17:51 22248d13a5658fcca263bdc3d5178508a96517b8
2006-01-13 78 0 Motion for Miscellaneous Relief MOTION TO PRESERVE APPRENDI/BLAKELY/BOOKER ISSUES IF EVER MADE RETROACTIVE by Scott Reis-Moniz. (cc: HG). (bbb, ) 2010-02-15 06:17:55 85c5b2df9467cbccbea1816f1c81437fa728d4f3
2006-03-02 79 0 Appeal Record Sent to USCA ACKNOWLEDGMENT of receipt of case file from 9CCA [73] Notice of Appeal. (bbb, ) 2010-02-15 06:17:47 7debec7489cbdc1c9457bffc45b8cede08a790d5
2006-03-15 80 0 Order on Motion for Miscellaneous Relief ORDER denying [78] Motion TO PRESERVE APPRENDI / BLAKELY / BOOKER ISSUES if ever made retroactive as to Scott Reis-Moniz (1). Signed by Judge HELEN GILLMOR on 03/14/2006. (bbb, ) 2010-02-15 06:17:49 9149a7ce03d634a8dd31a0e44b17df1545034990
2006-08-07 82 0 Appeal Record Returned Appeal Record Returned as to Scott Reis-Moniz: [73] Notice of Appeal - Final Judgment: Clerks Files: 1; Reporter's Trnascripts 3 and 6 Sealed Documents: 44 thru 47, 54 & 55. [CA #05-16722] (bbb, ) Additional attachment(s) added on 8/7/2006 (bbb, ). 2010-02-15 06:17:46 71d4942a7feec872deb29877d77097c7e0ea5221
82 1 USDC Transmittal 2010-02-15 06:17:54 21daef0ee811092f485a2fff35ebba4601734d9e