Case details

Court: hid
Docket #: 1:02-cr-00053
Case Name: USA v. Reis-Moniz
PACER case #: 8337
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 3 0 Motion for Miscellaneous Relief Notice of Motion and MOTION to detain by USA as to Rambeau Gahan [ 1:02-m -62 ] (sna)
2002-02-05 5 0 Order of Detention ORDER of Temporary Detention Pending Hearing Pursuant to Bail Reform Act as to Rambeau Gahan 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)
2002-02-08 9 0 Affidavit AFFIDAVIT by owner of cash bail ($100,000.00 cashier's check) - owned by Debby Marquez-Gahan by defendant (02) Rambeau Gahan regarding [8-2] [ 1:02-m -62 ] (lmg)
2002-02-12 10 0 Detention - Miscellaneous APPEARANCE BOND ( $100,000.00 secured by cash) posted by (02) Rambeau Gahan signed by Mag Judge Barry M. Kurren [ 1:02-m -62 ] (lmg)
2002-02-12 11 0 ORDER Setting Conditions of Release for defendant (02) Rambeau Gahan ( $100,000.00 secured by cash posted ) by Mag Judge Barry M. 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) 2010-02-14 16:43:49 a38f00c8f4fa6435633244baa36688b520da1479
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 15 0 Summons Issued PS issued as to Rambeau Gahan ; arraignment set for 3:00 2/15/02 for Rambeau Gahan 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 19 0 Summons Returned Executed PS unexecuted as to Rambeau Gahan (fe)
2002-02-21 25 0 Minutes - Miscellaneous EP: MINUTES:A & P as to the Indictment - Defendant present, not in custody. Charges received. Defendant waives public reading of the Indictment. Plea of Not Guilty entered. Jury Selection/Trial set for 9:00 4/16/02, HG Final Pretrial Conference set for 10:00 3/11/02, LEK Deft's Motions due 3/12/02 Govt's Response due 3/27/02 Defendant (02) Rambeau Gahan's current conditions of release to continue. Rambeau Gahan, Attorney William Harrison, Loretta A. Sheehan present ( Ct Rptr: FTR-CD 2,C7 - 3:05-3:09) by Mag Judge Leslie Kobayashi (fe) Modified on 02/22/2002
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)
2002-06-19 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)
2002-08-08 40 0 Minutes - Miscellaneous EP: MINUTES:MOTION TO WITHDRAW NOT GUILTY PLEA AND TO PLEAD ANEW - The defendant is present on bond. The defendant is 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 minimum and maximum penalties provided by law. Mr. Poirier summarized the essential terms of the Memorandum of Plea Agreement. MEMORANDUM OF PLEA AGREEMENT filed. Mr. Poirier 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 on December 16, 2002 @ 1:30 p.m. The Court found that the defendant is not a flight risk nor a danger to the community. The bond is continued. w/d of not guilty plea/plead anew held on 8/8/02 , guilty plea entered by Rambeau Gahan , ; sentencing hearing set for 1:30 12/16/02 for Rambeau Gahan ; Rambeau Gahan Attorney Omer Poirier, William Harrison present ( Ct Rptr: Stephen Platt) by Judge Helen Gillmor (fe)
2002-08-08 41 0 Plea Agreement MEMORANDUM of Plea Agreement as to Rambeau Gahan (fe)
2002-10-31 43 0 Sentencing Memorandum plaintiff USA SENTENCING Statement as to Rambeau Gahan (fe)
2002-11-21 46 0 Sentencing Memorandum defendant Rambeau Gahan SENTENCING Statement; certificate of service [SEALED] (fe) Modified on 02/21/2003
2002-12-03 47 0 Sentencing Memorandum plaintiff USA SENTENCING Statement as to Rambeau Gahan; exhibits a-k; certificate of service [SEALED] (fe)
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)
2003-01-09 54 0 Motion for Miscellaneous Relief Defendant Rambeau Gahan's Motion to Depart ; Certificate of Service [SEALED] (gs)
2003-01-21 55 0 Motion for Miscellaneous Relief MOTION for downward departure by USA as to Rambeau Gahan Motion hearing set for 1/24/03 @2:00pm, Helen Gillmor (fe)
2003-01-24 56 0 Minutes - Miscellaneous EP: MINUTES: SENTENCING TO COUNT 1 OF THE INDICTMENT - DEFENDANT'S MOTION FOR DOWNWARD DEPARTURE - U.S.' MOTION FOR DOWNWARD DEPARTURE - The defendant is present on bond. Exhibits A to K to Government's Sentencing Statement, filed December 3, 2002, is stipulated into evidence. The Court found that the defendant qualifies for the "safety valve" provision as set forth in 18 U.S.C. 3553(f)(1) - (5). The Memorandum of Plea Agreement is accepted. The U.S.' Motion for Downward Departure is granted. The Defendant's Motion for Downward Departure is denied. Allocution by the defendant. sentencing hearing held on 1/24/03 , sentencing Rambeau Gahan (2) count(s) 1. ADJUDGED: 75 mos impr. SUPERVISED RELEASE: 5 yrs upon the following 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 provide the Probation Office access to any requested financial information. FINE: $5,000 payable within 7 days from the date of sentencing. Special assessment: $100. Advised of rights to appeal the sentence, etc. , Motion to Dismiss Count 3 of the Indictment is granted. Motion for Voluntary Surrender is granted. MITTIMUS: March 18, 2003 by 2:00 p.m. at the institution designated by the Bureau of Prisons. RECOMMENDATION: FPC Sheridan, OR. That the defendant participate in a drug treatment program and be enrolled in educational and vocational training programs. The bond is continued. The Court found that the defendant is not a flight risk or a danger to the community. sentencing Rambeau Gahan (2) count(s) 3. Motion to Dismiss Count 3 of the Indictment is granted. granting motion for downward departure by USA as to Rambeau Gahan [55-1], denying motion Motion to Depart [54-1], terminating party Rambeau case terminated ; Rambeau Gahan Attorney Loretta A. Sheehan, James Yuen, C/A,DEA, William Harrison, USPO Rosanne T. Donohoe present ( Ct Rptr: Stephen Platt) by Judge Helen Gillmor (fe)
2003-01-30 57 0 Judgment JUDGMENT and Commitment as to Rambeau Gahan by Judge Helen Gillmor (cc: Loretta Sheehan, William Harrison, USPO, USM) (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)
2003-02-03 59 0 Presentence Investigation Report PRESENTENCE Report on Rambeau Gahan (original sealed and held in probation office). (fe)
2003-02-03 60 0 Sentencing Memorandum SENTENCING RECOMMENDATION as to Rambeau Gahan (original sealed and held in probation office) (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)
2003-02-05 62 0 Judgment AMENDED JUDGMENT and Commitment as to Rambeau Gahan re [57-1] by Judge Helen Gillmor (cc: all counsel) (bbb)
2003-03-20 63 0 Miscellaneous Document Release of MORTGAGE - RE: Certificate No. 427-820 - on behalf of deft Scott Reis-Moniz (01) (fe)
2003-03-31 64 0 Judgment Returned Executed JUDGMENT and Commitment returned executed on 3/18/03 as to Rambeau Gahan (2) count(s) cmp, 1 to SCP Sheridan, OR (fe)
2003-03-31 65 0 Judgment Returned Executed JUDGMENT and Commitment returned executed on 3/18/03 as to Rambeau Gahan (2) count(s) 1, 3 to SCP Sheridan, OR - as to Amended J&C (term of 75 months) (fe)
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)
2005-07-27 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)
2008-06-17 83 0 Prob 12-Modify Conditions of Supervision PROBATION FORM 12b-Modify Conditions of Supervision as to Rambeau Gahan, ***Update Disposition Information: Rambeau Gahan (2), Count(s) 1,[ 06/17/2008 ] - SUPERVISION CONDITIONS MODIFIED. Signed by Chief JUDGE HELEN GILLMOR on June 16, 2008. (bbb, ) 2010-02-14 16:43:48 9d1ab6524e7f08ac1d18ce914dcf1417cdd7c2d9