| Date Filed |
Document # |
Attachment # |
Short Description |
Long Description |
Upload date |
SHA1 hash |
| 2002-04-04 |
1 |
0 |
Indictment |
EP: INDICTMENT by USA Counts filed against Brian C. McEwen (1) count(s) 1; BW ordered ( Laura Savo ) by Mag Judge MOLLWAY (gab) Additional attachment(s) added on 4/4/2006 (bbb, ). |
2010-02-14 13:02:12 |
559aa8be6de243f42d9ecfeb738e7e178c2bc4a9 |
| 2002-04-04 |
2 |
0 |
Warrant Issued |
ARREST Warrant issued for Brian C. McEwen bail set for NO BAIL by Judge Susan O. Mollway (gab) |
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| 2002-04-08 |
3 |
0 |
Motion for Miscellaneous Relief |
MOTION to detain by USA as to Brian C. McEwen (gab) |
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| 2002-04-10 |
4 |
0 |
Service - Miscellanous |
RETURN on Clerks Temporary Commitment - unexec by USM - as to defendant Brian C. McEwen (gab) |
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| 2002-05-06 |
5 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Initial Appearance; A & P as to the Indictment - Defendant present in custody. Defendant sworn to Financial Affidavit. Request for Court Appointed Attorney - Granted. Loretta Faymonville AFPD, and the Office of the Public Defender Apptd Atty. Motion to Detain filed. Detention Hearing set for 10:30 5/9/02, BMK. Charges received. Defendant waives public reading of the Indictment. Plea of Not Guilty entered. Jury Selection/Trial set for 9:00 7/9/02, SOM Final Pretrial Conference set for 10:00 6/10/02, LEK Defendant's Motions due 5/28/02 Government's Response due 6/12/02 Govt's Oral Motion to Unseal Indictment is Granted. Defendant remanded to the custody of the US Marshal. ; Brian C. McEwen Attorney Loretta A. Faymonville, Wes Porter present ( Ct Rptr: Tape 1229 C6) by Judge Barry M. Kurren (gab) |
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| 2002-05-06 |
6 |
0 |
Financial Affidavit - CJA23 |
FINANCIAL Affidavit as to Brian C. McEwen (gab) |
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| 2002-05-09 |
7 |
0 |
Service - Miscellanous |
RETURN on Clerks Temporary Commitment - exec by USM - 5/6/02 as to defendant Brian C. McEwen (gab) |
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| 2002-05-06 |
8 |
0 |
Order of Detention |
ORDER of Temporary Detention Pending Hearing Pursuant to Bail Reform Act as to Brian C. McEwen by Mag Judge Barry M. Kurren (gab) |
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| 2002-05-09 |
9 |
0 |
Warrant Returned Executed |
ARREST Warrant returned executed as to Brian C. McEwen on 5/4/02 (gab) |
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| 2002-05-09 |
10 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Detention Hearing - deft present in custody. Defendant allowed to be released to a representative from the Federal Public Defender's office for assessment at the Salvation Army. Park to prepare order. Detention Hearing continued to 5-14-02 @ 3 p.m., BMK. Deft remanded to custody of U.S. Marshal. ; Brian C. McEwen Attorney Wes Porter, Shanlyn Park present ( Ct Rptr: C6 Tape 1232) by Judge Barry M. Kurren (gab) |
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| 2002-05-10 |
11 |
0 |
Order |
ORDER for temporary release of defendant to participate in treatment assessment by Mag Judge Barry M. Kurren as to deft. Brian C. McEwen (sealed) |
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| 2002-05-14 |
12 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Detention Hearing - deft present. 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 State of Hawaii. Inter-island travel must be approved in advance by Pretrial Services. (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 Addiction Treatment Services. You are to comply with all rules and requirements of the program. You will be returned to the custody of the U.S. Marshals Service upon completion of your treatment. (Deft will be released on 5-15-02 when bed space becomes available.) (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. Status Conference Following Completion of Salvation ArmyAddiction Treatment Services Program set for 7-22-02 @ 10:30, KSC. ; Brian C. McEwen Attorney Wes Porter, Shanlyn Park present ( Ct Rptr: C6 Tape 1236) by Judge Barry M. Kurren (gab) |
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| 2002-05-17 |
13 |
0 |
Detention - Miscellaneous |
APPEARANCE BOND ( $50,000.00 unsecured) posted by Brian C. McEwen signed by Judge Barry M. Kurren (gab) |
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| 2002-05-17 |
14 |
0 |
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ORDER Setting Conditions of Release for Brian C. McEwen ( $50,000.00 unsecured posted ) by Mag Judge Barry M. Kurren (gab) |
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| 2002-05-28 |
15 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on ; jury selection/ trial set for 7/9/02 @ 9:00 a.m. SOM is continued to 9:00 9/4/02 for Brian C. McEwen ; pretrial conference set for 6/10/02 @ 10:00 a.m. LEK is continued to 10:00 8/5/02 for Brian C. McEwen motions 7/22/02; response 8/5/02; Ms. Park to prepare the stipulation to continue and to exclude time. before Judge Susan Oki Mollway (sealed) |
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| 2002-05-30 |
16 |
0 |
Stipulation and Order |
STIPULATION and order continuing trial and to exclude time by Mag Judge Barry M. Kurren ; jury trial set for 9:00 9/4/02 for Brian C. McEwen ; pretrial conference set for 10:00 8/5/02 for Brian C. McEwen , time excluded from 7/9/02 to and including 9/4/02 under the speedy trial act (gab) |
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| 2002-06-13 |
17 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on OSC as to Why Pretrial Release Should not be reovked set for 1:30 6/13/02, LEK as to Brian C. McEwen before Judge Leslie E. Kobayashi (gab) |
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| 2002-06-13 |
18 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Order to Show Cause as to Why Pretrial Release Should Not Be Revoked - Defendant present, not in custody. Defendant admits to the violation. Court concludes that the defendant did violate the conditions of release. Pretrial Release revoked. Court Orders defendant detained until trial. Defendant remanded to the custody of the US Marshal. ; Brian C. McEwen Attorney Wes Porter, Shanlyn A. Park present ( Ct Rptr: FTR CD6 C-7) by Judge Leslie E. Kobayashi (gab) |
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| 2002-06-17 |
19 |
0 |
Order |
ORDER Remanding Defendant into the custody of the United States by Mag Judge Leslie E. Kobayashi as to deft. Brian C. McEwen (gab) |
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| 2002-07-22 |
20 |
0 |
Motion to Dismiss |
Notice of Motion and Defendant's MOTION to dismiss indictment for lack of jurisdiction as to Brian C. McEwen (1) ; memorandum of law; declaration of counsel; certificate of service (bbb) |
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| 2002-07-22 |
21 |
0 |
Minutes - Miscellaneous |
EO: MINUTES Status Conference Following Completion of the Salvation Army Addiction Treatment Services Program set for 07/22/2002 10:30:00 AM not held. by Mag Judge Kevin S.C. Chang (gab) |
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| 2002-07-24 |
22 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing onsetting hearing on motion to dismiss indictment for lack of jurisdiction as to Brian C. McEwen (1) [20-1] 2:30 8/14/02 before Judge Susan Oki Mollway (gab) |
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| 2002-07-24 |
23 |
0 |
Response in Opposition |
opposition to motion to Defendant's dismiss indictment for lack of jurisdiction as to Brian C. McEwen (1) [20-1] by plaintiff USA; certificate of service (gab) |
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| 2002-08-02 |
24 |
0 |
Minutes - Miscellaneous |
EO: MINUTES continued final pretrial conference from 10:0 08/05/2002 to 10:00 8/15/02 LEK for Brian C. McEwen ; Shanlyn Park to notify parties; by Mag Judge Barry M. Kurren (bbb) |
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| 2002-08-06 |
25 |
0 |
Response in Opposition |
Government's opposition to motion to dismiss indictment for lack of jurisdiction as to Brian C. McEwen (1) [20-1]; certificate of service (bbb) |
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| 2002-08-07 |
26 |
0 |
Minutes - Miscellaneous |
EO: MINUTES Defendant's Motion to Dismiss Indictment for Lack of Jurisdiction set for 8/14/02 @ 2:30 p.m. SOM is taken off calendar. Court to issue a written ruling. [20-1] by Mag Judge Susan Oki Mollway (gab) |
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| 2002-08-14 |
27 |
0 |
Order |
ORDER by Judge Susan O. Mollway denying motion to dismiss indictment as to Brian C. McEwen (1) [20-1] (cc: all counsel) (eps) |
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| 2002-08-15 |
28 |
0 |
Minutes - Miscellaneous |
EO: MINUTES Final Pretrial Conference set for 10:00 8/15/02, LEK is Vacated. New trial dates and deadlines to be issued. by Mag Judge Leslie E. Kobayashi (eps) |
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| 2002-08-19 |
29 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on jury selection/trial set for 9:00 09/04/02 SOM is continued to 9:00 10/16/02 SOM; pretrial conference is set for 10:00 9/16/02 LEK for Brian C. McEwen by Judge Susan O. Mollway; notified Ron Johnson/Wes Porter AUSA's and Shanlyn Park AFPD; Ms. Park to prepare the stipulation to continue and to exclude time (bbb) |
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| 2002-08-22 |
30 |
0 |
Stipulation and Order |
STIPULATION and order by Judge Susan O. Mollway continuing trial and to exclude time. ; jury trial set for 9:00 10/16/02 for Brian C. McEwen ; pretrial conference set for 10:00 9/16/02 for Brian C. McEwen , (gab) |
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| 2002-09-16 |
31 |
0 |
Minutes - Miscellaneous |
EO: MINUTES Final Pretrial Conference not held. Parties are in agreement to continue the trial date and all deadlines. ; jury trial set for 9:00 11/19/02 for Brian C. McEwen ; final pretrial conf set for 10:00 10/21/02 for Brian C. McEwen , Time excluded from 10/16/02 thru 11/19/02 from the requirements of the Speedy Trial Act. Govt to prepare Stipulation and Order for the Court's approval; by Judge Mag Judge Leslie E. Kobayashi (bbb) |
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| 2002-09-18 |
32 |
0 |
Stipulation and Order |
STIPULATION and order continuing trial and to exclude time by Judge Susan O. Mollway ; jury trial set for 9:00 11/19/02 for Brian C. McEwen ; pretrial conference set for 10:00 10/21/02 for Brian C. McEwen , time excluded between 10/16/02 thru 11/19/02 (bbb) |
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| 2002-10-21 |
33 |
0 |
Minutes - Miscellaneous |
EO: MINUTES Final Pretrial Conference set 10-21-02 not held. Defendant to COP final pretrial conference not held on 10/21/02 by Judge Mag Judge Kevin S. Chang (bbb) |
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| 2002-10-28 |
34 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on ; withdrawal of not guilty plea and to plead anew is set for 10:30 10/31/02 for Brian C. McEwen before Judge Kevin S. Chang; Wes Porter and Shanlyn Park notified (bbb) |
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| 2002-10-31 |
35 |
0 |
Miscellaneous Document |
Report and Recommendation concerning Plea of Guilty as to Brian C. McEwen (gab) |
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| 2002-10-31 |
36 |
0 |
Miscellaneous Document |
CONSENT to Rule 11 plea in a felony case before a United States Magistrate Judge as to Brian C. McEwen (bbb) |
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| 2002-10-31 |
37 |
0 |
Plea Agreement |
MEMORANDUM of Plea Agreement as to Brian C. McEwen (bbb) |
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| 2002-10-31 |
38 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Motion to Withdraw Not Guilty Plea and to Plead Anew- Brian McEwen present. Consent to Rule11 Plea in a Felony Case Before U.S. Magistrate Judge signed and filed. Defendant sworn, questioned by Court. Defendant advised of constitutional rights and the maximum penalty provided by law, etc. Government summarized the government's evidence against the defendant. Memorandum of Plea Agreement signed and filed. Plea of guilty entered to the Indictment. Report and Recommendation Concerning Plea of Guilty signed and filed. Defendant advised of right to file an objection to the Report and Recommendation. Defendant referred to the probation office for a presentence report. Sentence date: 3-3-03 at 2:15 SOM; Custody status to continue. ; Brian C. McEwen, USA Attorney Wes Porter, Loretta A. Faymonville present ( Ct Rptr: ESR-C5 Tape #955) by Judge Kevin S. Chang (bbb) |
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| 2002-11-22 |
39 |
0 |
Miscellaneous Document |
Acceptance of Plea of Guilty, Adjudication of Guilt and Notice of Sentencing as to Brian C. McEwen by Judge Susan O. Mollway (bbb) |
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| 2002-12-19 |
40 |
0 |
Notice (Other) |
Government's NOTICE of non-objection; certificate of service (bbb) |
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| 2002-12-19 |
41 |
0 |
Sentencing Memorandum |
defendant RESPONSE to draft PRESENTENCE report; certificate of service (bbb) |
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| 2003-01-17 |
42 |
0 |
Sentencing Memorandum |
defendant Brian C. McEwen supplemental response to draft PRE-SENTENCE report; exhibit a; certificat of service (SEALED) (bbb) |
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| 2003-03-03 |
43 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Sentencing as to the Indictment - Defendant Brian C. McEwen present and in custody. The Memorandum of Plea Agreement has been accepted. Allocution by the defendant. sentencing hearing held on 3/3/03 , sentencing Brian C. McEwen (1) count(s) 1. ADJUDGED: Imprisonment: 21 Months. Supervised Release: 3 Years. Special Assessment: $100.00 CONDITIONS: That the defendant shall abide by the standard conditions of supervision. That the defendant not commit any crimes, federal, state, or local (mandatory condition). That the defendant not possess illegal controlled substances (mandatory condition) That the defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of release from imprisonment and at least two drug tests thereafter, as directed by the Probation Office (mandatory condition). That the defendant participate in a substance abuse program, which may include drug testing at the discretion and direction 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 to include anger management counseling at the discretion and direction of the Probation Office. That the defendant provide the Probation Office access to any requested financial information. JUDICIAL RECOMMENDATIONS: 1) FDC Honolulu; 2) Drug Treatment; 3) Mental Health Treatment; 4) Vocational Rehabilitation. Defendant advised of his right to appeal. Defendant remanded to the custody of the USM. , case terminated ; Brian C. McEwen, USA Attorney Wes Porter, Loretta A. Faymonville present ( Ct Rptr: Cynthia Fazio) by Judge Susan O. Mollway (bbb) |
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| 2003-03-05 |
44 |
0 |
Judgment |
JUDGMENT and Commitment as to Brian C. McEwen by Judge Susan O. Mollway (cc: all counsel) (bbb) |
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| 2003-03-07 |
45 |
0 |
Presentence Investigation Report |
PRESENTENCE Report on Brian C. McEwen (original sealed and held in probation office). (fe) |
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| 2003-03-07 |
46 |
0 |
Sentencing Memorandum |
SENTENCING RECOMMENDATION as to Brian C. McEwen (original sealed and held in probation office) (fe) |
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| 2003-07-22 |
47 |
0 |
Judgment Returned Executed |
JUDGMENT and Commitment returned executed on 6/25/03 as to , Brian C. McEwen (1) count(s) 1 to FCI Sheridan, OR (gab) |
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| 2006-01-06 |
48 |
0 |
Order |
Report and ORDER Terminating Probation/Supervised Release Prior to Original Expiration Date as to Brian C. McEwen . Signed by Judge SUSAN O MOLLWAY on 1/3/06. (gls, ) |
2010-02-14 13:02:13 |
28a26b8fc64a93a0247057a6dbecb8e37829c6c7 |