| Date Filed |
Document # |
Attachment # |
Short Description |
Long Description |
Upload date |
SHA1 hash |
| 2002-04-22 |
1 |
0 |
Complaint |
COMPLAINT by SA Joel D. Rudow, FBI against Kava Mone Toia, Trent Allen Woodmore, Jeral E. Smith, Leon Len Allen Jr., Solomon M. Fraser, Katoni Johansson, Jason Jones, Gaugau Fai Lepetia, Peni Amato, Lisa Elaine Curry, Aisea Tupou, David Sola Kauvaka, Initamitieti Liutai, Kenneth James Duarte, Elizabeth Ann Jones signed by Mag Judge Kevin S. Chang [ 1:02-m -210 ] (sna) |
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|
| 2002-04-22 |
9 |
0 |
Warrant Issued |
ARREST Warrant issued for Gaugau Fai Lepetia bail set for to be determined by Mag Judge Kevin S. Chang [ 1:02-m -210 ] (sna) |
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|
| 2002-04-22 |
17 |
0 |
Order |
ORDER by Mag Judge Kevin S. Chang sealing case [ 1:02-m -210 ] (sna) |
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|
| 2002-04-25 |
23 |
0 |
Motion for Miscellaneous Relief |
MOTION to detain by USA as to Gaugau Fai Lepetia [ 1:02-m -210 ] (sealed) |
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|
| 2002-04-26 |
32 |
0 |
Service - Miscellanous |
RETURN on Clerks Temporary Commitment - exec by USM - 4/25/02 as to defendant Gaugau Fai Lepetia [ 1:02-m -210 ] (gab) |
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|
| 2002-04-25 |
37 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Initial Appearance - defendants 08 Gaugau Fai Lepetia, 09 Peni Amato,11 Aisea Tupou, 13 Initamitieti LiuTai present. Request for Court Appointed Counsel granted. Defendants sworn to Financial Affidavit. Peter Wolff, appearing special. Detention Hearing - 4-30-02 at 2:00 BMK. Preliminary Hearing - 5-9- 02 at 2:00 BMK. ; Gaugau Fai Lepetia, Peni Amato, Aisea Tupou, Initamitieti Liutai, Thomas Muehleck, Peter Wolff (special appearance) present ( Ct Rptr: Debra Chun) by Judge Kevin S.C. Chang [ 1:02-m -210 ] (gab) |
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| 2002-04-25 |
46 |
0 |
Financial Affidavit - CJA23 |
FINANCIAL Affidavit as to Gaugau Fai Lepetia [ 1:02-m -210 ] (gab) |
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|
| 2002-04-25 |
53 |
0 |
Order of Detention |
ORDER of Temporary Detention Pending Hearing Pursuant to Bail Reform Act as to Gaugau Fai Lepetia by Mag Judge Kevin S. Chang [ 1:02-m -210 ] (gab) |
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|
| 2002-04-25 |
61 |
0 |
CJA 20 - Appointment |
CJA Form 20 Copy 4 (Appointment of Counsel) Voucher # as to defendant Gaugau Fai Lepetia Attorney Alvin P.K.K. Nishimura [ 1:02-m -210 ] (gab) |
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| 2002-04-30 |
75 |
0 |
Warrant Returned Executed |
ARREST Warrant returned executed as to Gaugau Fai Lepetia on 4/24/02 [ 1:02-m -210 ] (sealed) |
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| 2002-04-30 |
85 |
0 |
Minutes - Miscellaneous |
EO: MINUTES ; preliminary exam set for 5/9/2002 11:00 a.m. before Magistrate Judge Leslie E. Kobayashi will be held 11:00 5/9/02 for Kava Mone Toia, for Leon Len Allen Jr., for Solomon M. Fraser, for Katoni Johansson before Mag Judge Barry M. Kurren by Mag Judge Barry M. Kurren [ 1:02-m -210 ] (sealed) |
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| 2002-04-30 |
86 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Detention Hearing as to 08 Gaugau Fai Lepetia, 09 Peni Amato, 10 Lisa Elaine Curry, 11 Aisea Tupou, 13 Initamitieti Liutai, 15 Elizabeth Ann Jones. Defendants present. As to 08 Gaugau Fai Lepetia - M/Detain GRANTED. Defendant found to be flight risk and danger to community. As to 09 Peni Amato - M/Detain GRANTED based on the pretrial report. As to 10 Lisa Elaine Curry - M/Detain GRANTED based on the pretrial report. Defendant may be released to her counsel for drug evaluation. Counsel to take an investigator from the Public Defender's Office to the drug evaluation. Zenger to prepare release order. As to 11 Aisea Tupou - M/Detain GRANTED. Defendant found to be flight risk and danger to community. As to 15 Elizabeth Ann Jones - M/Detain GRANTED based on the pretrial report. Further Detention Hearing 5-7-02 @ 10, BMK. Defendant may be released to her counsel for drug evaluation. Counsel to take an investigator from the Public Defender's Office to the drug evaluation. Wilson to prepare release order. Muehleck to prepare these detention orders. These defendants remanded to custody of U.S. Marshal. As to 13 Initamitieti Liutai - Bail set as: The defendant is placed in the Third-Party Custodianship of: Charity Initamitieti (wife). The court authorizes the clerk's office to forward the bail papers to the third-party custodian via fax (808) 665-1412 where attestation may be administered by notary public. The defendant is released pending the signature of the third-party custodian. The third-party custodian must return the bail papers to the clerk's office no later than May 10, 2002 (7a) Execute a bond in the amount of $50,000.00 unsecured bond. Co-signed and by Charity Initamitieti. Defendant may be released pending signature of co-signer by May 10, 2002. (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. (Muehleck has possession of the passport.) (7h) Travel is restricted to: State of Hawaii. Inter-island travel must be approved in advance by Pretrial Services. (7i) Do not change residence without the advance approval of Pretrial services. (7m) No contact with: co-defendants or witnesses related to and/or named in MA 02-0207, MA 02-0209, MA 02-0210, MA 02-0211. The U.S. Attorney's Office will provide updated lists of persons with whom contact is prohibited. (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. Gaugau Fai Lepetia, Peni Amato, Lisa Elaine Curry, Aisea Tupou, Initamitieti Liutai, Elizabeth Ann Jones, Thomas Muehleck 08 Alvin Nishimura, 09 Richard Pafundi, 10 Mark Zenger, 11 Dwight Lum, 13 Kekuailohia Gamer, 15 Jerry Wilson present ( Ct Rptr: C6 Tape 1225) by Judge Barry M. Kurren [ 1:02-m -210 ] (gab) |
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|
| 2002-05-01 |
89 |
0 |
Indictment |
EP: INDICTMENT by USA Counts filed against Kava Mone Toia (1) count(s) 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 21, 23, Trent Allen Woodmore (2) count(s) 1, 18, 19, 21, 23, Jeral E. Smith (3) count(s) 1, 15, 17, 18, Leon Len Allen (4) count(s) 1, 4, 6, 18, 21, Gaugau Fai Lepetia (5) count(s) 1, 3, 5, 12, Katoni Johansson (6) count(s) 1, 9, 20, Aisea Tupou (7) count(s) 1, 7, 14, 22, Lisa Elaine Curry (8) count(s) 1, 10, 11, 16; PS ordered ( Laura Savo ) by Mag Judge Barry M. Kurren (bbb) |
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| 2002-05-03 |
91 |
0 |
Summons Issued |
PS issued as to Gaugau Fai Lepetia ; arraignment set for 11:15 5/8/02 for Gaugau Fai Lepetia before Mag Judge Barry M. Kurren (bbb) |
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| 2002-05-08 |
98 |
0 |
Summons Returned Executed |
PS executed on 5/8/02 as to Gaugau Fai Lepetia; PJKK Building (bbb) |
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|
| 2002-05-08 |
104 |
0 |
Order of Detention |
ORDER of Detention pending trial by Mag Judge Barry M. Kurren as to Gaugau Fai Lepetia (bbb) |
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|
| 2002-05-08 |
107 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: A & P to Indictment as to 01 Kava Toia, 05 Gaugau Fai Lepetia, 06 Katoni Johansson, 07 Aisea Tupou - defts present in custody. Arrns waived. Pleas of NOT GUILTY entered. Dates given: JS/JT 7-2-02 @ 9 a.m., HG.; Final Pretrial Conference 6-3-02 @ 10 a.m., LEK.; Motions due 5-23-02.; Response due 6-6-02.; Alvin Nishimura made request for a Samoan interpreter for future hearings for 05 Lepetia; Defts remanded to custody of U.S. Marshal. ; Kava Mone Toia, Gaugau Fai Lepetia, Katoni Johansson, Aisea Tupou, Attorney Thomas Muehleck, Dwight C.H. Lum, Alvin P.K.K. Nishimura, Alan G. Warner, Daniel T. Pagliarini present ( Ct Rptr: C6 ESR Tape #1231) by Judge Barry M. Kurren (bbb) |
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|
| 2002-04-25 |
109 |
0 |
Order |
ORDER admitting counsel to the Criminal Justice Act panel pro hac vice for Dwight Lum as to deft Aisea Tupou by Mag Judge Kevin S. Chang (bbb) Modified on 05/17/2002 |
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|
| 2002-05-29 |
111 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on initial appearance and arraignment to indictmen set for 3:00 5/30/02 for Jeral E. Smith before Judge Barry M. Kurren (bbb) |
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|
| 2002-05-30 |
112 |
0 |
Motion to Continue |
MOTION to declare case complex under 18 USC 3161 (h) (8) (B) (ii) and to continue by USA as to Kava Mone Toia, Trent Allen Woodmore, Jeral E. Smith, Leon Len Allen Jr., Gaugau Fai Lepetia, Katoni Johansson, Aisea Tupou, Lisa Elaine Curry ; certificate of service (bbb) Modified on 06/04/2002 |
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| 2002-06-03 |
114 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: USA's Motion to Declare Case Complex Under 18 U.S.C. SS 3161(h)(B)(ii) and to Continue Trial; Final Pretrial Conference - Defts (01), (03) thru (08) not present, presence waived. Atty Duane Dade participated by phone. Michael Ostendorp appeared for Daniel Pagliarini, Alvin Nishimura, Alan Warner, Dwight Lum and Mark Zenger. USA's Motion to Declare Case Complex Under 18 U.S.C. SS 3161(h)(B)(ii) and to Continue Trial is Granted. Matter is designated as complex. Time excluded from 7/2/02 thru 4/1/03. Jury Selection/Trial is continued to 9:00 4/1/03, HG; Final Pretrial Conference is continued to 10:00 3/3/03, BMK; Defendant's Motions due 2/18/03; Government's Response due 3/4/03; Muehleck to prepare Order Granting Motion, Continuing Trial and Excluding Time. [112-1] ; Kava Mone Toia, Jeral E. Smith, Leon Len Allen Jr., Gaugau Fai Lepetia, Katoni Johansson, Aisea Tupou, Lisa Elaine Curry, USA Attorney Thomas Muehleck, Dwight C.H. Lum, Mark R. Zenger, Alvin P.K.K. Nishimura, Alan G. Warner, Michael G.M. Ostendorp, Daniel Pagliarini, Duane Dade present ( Ct Rptr: FTR C7 CD-6) by Judge E. Kobayashi (bbb) |
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|
| 2002-06-03 |
115 |
0 |
Motion to Withdraw as Attorney |
Notice of Motion and MOTION for withdrawal of counsel and for appointment of substitute of counsel by defendant Gaugau Fai Lepetia ; declaration of counsel; certificate of service; Motion hearing set for 10:00 06/06/2002 LEK (bbb) |
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|
| 2002-06-05 |
117 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on ; detention hearing set for 3:00 6/12/02 is continued to 1:30 6/13/02 for Jeral E. Smith before Judge Leslie E. Kobayashi (bbb) |
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| 2002-06-06 |
118 |
0 |
CJA 20 - Appointment |
CJA Form 20 Copy 4 (Appointment of Counsel) as to defendant Gaugau Fai Lepetia Attorney Michael P. Healy substitution for panel attorney Alvin Nishimura (bbb) Modified on 10/18/2002 |
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| 2002-06-06 |
119 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Defendant (05) Gaugau Fai Lepetia's Motion for Withdrawal and Substitution of Counsel - Defendant present in custody. Court questions defendant. Substituting Attorney Michael P. Healy raises possible conflict. Motion Granted. Nishimura to prepare Order for Withdrawal and Substitution of Counsel. Michael P. Healy Apptd Atty. Loretta Sheehan and Thomas Muehleck to investigate Atty Healy's possible conflict and raise that issue if necessary. Defendant remanded to the custody of the US Marshal. [115-1] ; Gaugau Fai Lepetia, USA Attorney Thomas Muehleck, Alvin P.K.K. Nishimura, Michael P. Healy present ( Ct Rptr: C7 CD-6) by Judge Leslie E. Kobayashi (bbb) |
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| 2002-06-12 |
120 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on detention hearing 1:30 06/13/02 is moved up to 10:30 6/13/02 for Jeral E. Smith before Judge Leslie E. Kobayashi (bbb) |
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| 2002-06-12 |
121 |
0 |
Order |
ORDER by Mag Judge Leslie E. Kobayashi granting motion for withdrawal of counsel and for appointment of substitute of counsel by defendant Gaugau Fai Lepetia [115-1] (bbb) |
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|
| 2002-06-17 |
123 |
0 |
Order |
ORDER of detention pending trial as to deft (03) JERAL E. SMITH by Mag Judge Leslie E. Kobayashi (afc) |
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| 2002-06-17 |
126 |
0 |
Order |
ORDER by Mag Judge Leslie E. Kobayashi granting motion to declare case complex under 18 USC 3161 (h) (8) (B) (ii) and to continue trial and to exclude time; certificate of service [112-1] ; jury trial set for 9:00 4/1/03 for Kava Mone Toia, for Trent Allen Woodmore, for Jeral E. Smith, for Len Allen Jr., for Gaugau Fai Lepetia, for Katoni for Aisea Tupou, for Lisa Elaine Curry ; pretrial set for 10:00 3/3/03 for Kava Mone Toia, for Trent Allen Woodmore, for Jeral E. Smith, for Leon Len Allen Jr., for Gaugau Fai Lepetia, for Katoni Johansson, for Aisea Tupou, for Lisa Elaine Curry , time excluded 7/2/02 thru 4/1/03 (bbb) |
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| 2002-06-21 |
127 |
0 |
Stipulation and Order |
STIPULATION and order for temporary release of defendant to participate in treatment assessment by Mag Judge Leslie E. Kobayashi; deft to be released to Mr. Zenger on 7/27/02 @ 9:00 and returned no later than 3:00 the same day for purposes of substance abuse treatment (bbb) |
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| 2002-07-11 |
129 |
0 |
Order |
ORDER approving pro hac vice admission by Mag Judge Leslie E. Kobayashi re Duane D. Dade [128-1] - on behalf of deft Jeral Smith (fe) |
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| 2002-07-24 |
131 |
0 |
Stipulation and Order |
STIPULATION and order by Mag Judge Kevin S. Chang for temporary release of defendant to participate in treatment assessment - Lisa Elaine Curry - 07/25/02 @ 9:00 a.m. (gab) |
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| 2002-07-25 |
132 |
0 |
Response in Opposition |
OPPOSITION to defendant's motion to reconsider detention order; certificate of service as to defendant Lisa Elaine Curry [130-1] by USA (eps) |
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| 2002-08-02 |
133 |
0 |
Order |
ORDER by Judge Helen Gillmor denying motion to reconsider order of detention [130-1]; certificate of service (bbb) |
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| 2002-08-22 |
136 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on motion of not guilty plea and to plead anew set for 2:45 8/27/02 for Kava Mone Toia before Judge Helen Gillmor (sealed) |
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| 2002-08-23 |
138 |
0 |
Order |
ORDER regarding custody by Mag Judge Barry M. Kurren as to defendant Kava Mone Toia (SEALED) (bbb) |
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| 2002-10-08 |
143 |
0 |
Motion to Withdraw as Attorney |
Notice of Motion and MOTION for withdrawal and have substitute counsel appointed by defendant Gaugau Fai Lepetia ; declaration of counsel; certificate of service; Motion hearing set for 10:00 10/17/2002 KSC (bbb) |
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| 2002-10-09 |
144 |
0 |
Response in Opposition |
OPPOSITION to defendant's motion to discharge attorney Michael P. Healy; certificate of service - as to defendant Gaugau Fai Lepetia [143-1] by plaintiff USA (eps) |
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|
| 2002-10-17 |
145 |
0 |
CJA 20 - Appointment |
CJA Form 20 Copy 4 (Appointment of Counsel) as to defendant Gaugau Fai Lepetia Attorney Gurmail G. Singh (bbb) |
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|
| 2002-10-17 |
146 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: motion to withdraw and have substitute counsel appointed by defendant Gaugau Fai Lepetia [143-1] granted. Court to appoint new counsel; Defendant present.; Gaugau Fai Lepetia Attorney Thomas Brady, Michael P. Healy present ( Ct Rptr: Tape C5) by Judge Kevin S.C. Chang (gab) |
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| 2002-10-21 |
147 |
0 |
Order |
ORDER by Mag Judge Kevin S. Chang granting motion for withdrawal as counsel for appointment of substitute counsel appointed by defendant Gaugau Fai Lepetia [143-1]Michael P. Healy withdrawing (gab) |
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| 2002-11-05 |
148 |
0 |
Miscellaneous Document |
FINDINGS and RECOMMENDATIONS on CJA Compensation Claim for attorney Michael Healy in the amount of $1,530.00 for defendant Gaugau Fai Lepetia by Mag Judge Kevin S. Chang (bbb) |
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|
| 2002-11-18 |
149 |
0 |
CJA 20 - Authorization to Pay |
CJA Form 20 (Attorney Payment Voucher# 021115000246) by Attorney Michael Healy as to Gaugau Fai Lepetia in the amount of $1530.00 by Judge Helen Gillmor (eps) |
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|
| 2002-12-19 |
151 |
0 |
Miscellaneous Document |
FINDINGS and RECOMMENDATIONS on CJA Compensation Claim for attorney Alvin Nishimura, Esq. in the amount of $765.00 as to deft (08) Gaugau Fai Lepetia by Mag Judge Barry M. Kurren (bbb) |
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|
| 2002-12-23 |
152 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on ; sentencing to Count 1 of the Indictment is continued from 1/6/03 to 3:00 6/30/03 for Kava Mone Toia before Judge Helen Gillmor (gab) |
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|
| 2002-12-26 |
153 |
0 |
CJA 20 - Authorization to Pay |
CJA Form 20 (Attorney Payment Voucher# 02122600081) by Attorney Alvin Nishimura as to Gaugau Fai Lepetia in the amount of by Judge Helen Gillmor (bbb) |
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|
| 2003-02-05 |
156 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on withdrawal of not guilty plea and to plead anew is set for 10:30 2/18/03 HG for Jeral E. Smith before Judge Helen Gillmor; Thomas C. Muehleck, Esq., Duane D. Dade, Esq. - notified (bbb) |
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| 2003-02-14 |
158 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on motion for withdrawal of not guilty plea and to plead anew is continued from 10:30 to 3:00 2/18/03 for Jeral E. Smith before Judge Barry M. Kurren; Thomas C. Muehleck, Esq.; Duane D. Dade, Esq (notified by telephone thru his secretary, Susan) (bbb) |
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|
| 2003-02-19 |
162 |
0 |
Request |
REQUEST by plaintiff USA for U.S. Magistrate to inquire into representation by attorney Duane D. Dade; declaration of Thomas Muehleck (SEALED) (bbb) |
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| 2003-02-24 |
168 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on motion to Withdraw Not Guilty Plea and to Plead Anew as to 05 Gaugau Lepetia is set for 2-25-03 @ 2:30 p.m. KSC at the request of Gary Singh. USA: Thomas Muehleck Deft's counsel: 05 Gary Singh ; withdrawal of not guilty plea set for 2:30 2/25/03 for Gaugau Fai Lepetia before Judge Kevin S. Chang (bbb) |
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| 2003-02-25 |
169 |
0 |
Order |
ORDER denying defendant's ex parte application for authorization of funds for local counsel by Mag Judge Barry M. Kurren [160-2] (cc: all counsel) (bbb) |
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|
| 2003-02-25 |
170 |
0 |
|
DECLARATION of interpreter, Lois Tiedemann for defendant Gaugau Fai Lepetia (bbb) |
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|
| 2003-02-25 |
171 |
0 |
Miscellaneous Document |
CONSENT to Rule 11 plea in a felony case before a United States Magistrate Judge as to Gaugau Fai Lepetia (bbb) |
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|
| 2003-02-25 |
172 |
0 |
Miscellaneous Document |
Report and Recommendation concerning Plea of Guilty as to Gaugau Fai Lepetia (bbb) |
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|
| 2003-02-25 |
175 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: M/Withdraw Not Guilty Plea and to Plead Anew as to 05 Gaugau Fai Lepetia - deft present in custody. Interpreter Lois Tiedemann previously sworn. Consent to Rule 11 Plea in a Felony Case Before United States Magistrate Judge signed and filed. Deft sworn and queried. Advised of right to trial and limited right to appeal, etc. Memorandum of Plea Agreement signed and filed. Plea of GUILTY entered to Count I of the Indictment. Remaining counts to be dismissed after sentencing. 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 8-18-03 @ 2:15 p.m., HG. Trial date vacated Deft remanded to custody of U.S. Marshal. cc: financial deputy; Gaugau Fai Lepetia, USA Attorney Thomas Muehleck, Gurmail G. Singh, Lois Tiedemann-interpreter present ( Ct Rptr: ESR C5 Tape #998) by Judge Kevin S. Chang(bbb) Modified on 03/03/2003 |
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|
| 2003-02-25 |
176 |
0 |
Plea Agreement |
MEMORANDUM of Plea Agreement as to Gaugau Fai Lepetia (bbb) |
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|
| 2003-02-26 |
179 |
0 |
Response in Opposition |
United States OPPOSITION to defendant's motion to suppress wiretape evidence [161-1]; exhibit 1; certificate of service (bbb) |
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|
| 2003-03-07 |
182 |
0 |
Order |
ORDER by Mag Judge Barry M. Kurren - SEALED - re [162-1] on behalf of USA as to 03 Smith (eps) |
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| 2003-03-06 |
183 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on motion to withdraw not guilty plea and to plead anew set for 2:00 3/20/03 for Jeral E. Smith before Judge Barry M. Kurren (gab) |
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|
| 2003-03-10 |
184 |
0 |
Minutes - Miscellaneous |
EO: MINUTES:continued final pretrial conf from 3/10/03 10:00 to 10:00 3/17/03 BMK for Katoni Johansson, for Aisea Tupou, for Lisa Elaine Curry by Judge Leslie E. Kobayashi (bbb) |
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|
| 2003-03-12 |
187 |
0 |
Response to Motion |
United States' erratum in RESPONSE to defendant Tupou's motion to suppress wiretape evidence [161-1]; attachment 1; certificate of service (bbb) |
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|
| 2003-03-12 |
188 |
0 |
Order |
ORDER to subpoena witness, pay witness fees and costs of transportation and sealing of all papers by Mag Judge Leslie E. Kobayashi as to (07) Aisea Tupou (SEALED) (bbb) Modified on 03/13/2003 |
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|
| 2003-03-21 |
197 |
0 |
Miscellaneous Document |
Acceptance of Plea of Guilty, Adjudication of Guilt and Notice of Sentencing as to Gaugau Fai Lepetia by Judge Helen Gillmor (bbb) |
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|
| 2003-05-13 |
206 |
0 |
Order |
ORDER to subpoena witness, pay witness fees and costs of transportation and sealing of all papers [205-2] by Judge Helen Gillmor (SEALED) (bbb) |
|
|
| 2003-05-20 |
210 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on - motion to continue trial by USA as to Katoni Johansson, Aisea Tupou, Lisa Elaine Curry [208-1] 8:30 5/23/03 before Judge Helen Gillmor (eps) |
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|
| 2003-05-20 |
211 |
0 |
Minutes - Miscellaneous |
EO: MINUTES: Motion for Withdrawal of Not Guilty Plea and to Plead Anew as to Defendant (08) Lisa Elaine Curry is set for 6/02/2003 at 11:00 AM before Judge Kurren by Judge Barry M Kurren (eps) |
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|
| 2003-05-30 |
212 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on Motion to Withdraw Not Guilty Plea and to Plead Anew as to (06) Lisa Curry is continued from 6-2-03 to 6-24-03 @ 2 p.m., BMK. AUSA: Thomas Muehleck Muehleck notified defense counsel Mark Zenger before Judge Barry M. Kurren (bbb) |
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|
| 2003-07-07 |
220 |
0 |
Sentencing Memorandum |
Government's SENTENCING Statement; Certificate of Service as to Gaugau Fai Lepetia (gs) |
|
|
| 2003-07-10 |
222 |
0 |
Order |
Acceptance of Plea of Guilty, Adjudication of Guilt and Notice of Sentencing by Judge Helen Gillmor as to deft Lisa Curry [217-1] (gs) |
|
|
| 2003-07-25 |
223 |
0 |
Sentencing Memorandum |
defendant Gaugau Fai Lepetia's Statement of no objections to draft presentence report as to Gaugau Fai Lepetia; certificate of service (gab) |
|
|
| 2003-08-04 |
226 |
0 |
Notice of Hearing |
NOTICE - The sentencing to Count 1 of the Indictment as to Jeral Smith is continued from September 2, 2003 to November 17, 2003 @ 11:15 a.m. before the Honorable Helen Gillmor for Jeral E. Smith (gs) |
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|
| 2003-08-08 |
227 |
0 |
Notice of Hearing |
NOTICE - The sentencing to Count 1 of the Indictment as to Leon Len Allen, Jr. is continued from August 18, 2003 to August 25, 2003 @ 11:15 a.m. before the Honorable Helen Gillmor for Leon Len Allen Jr. (sealed) |
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|
| 2003-08-08 |
228 |
0 |
Notice of Hearing |
NOTICE - The sentencing to Count 1 of the Indictment as to Gaugau Fai Lepetia is continued from August 18, 2003 to August 25, 2003 @ 10:30 a.m. before the Honorable Helen Gillmor (sealed) |
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|
| 2003-08-25 |
229 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: SENTENCING TO COUNT I OF THE INDICTMENT as to (05) GAUGAU FAI LEPETIA - The defendant is present in custody. 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. sentencing hearing held on 8/25/03 , sentencing Gaugau Fai Lepetia (5) count(s) 1. ADJUDGED: 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 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 or dangerous weapons. 8. That the defendant comply with the requirements of the Bureau of Immigration and Customs Enforcement, including submitting to deportation proceedings and not reentering the U.S. without proper authorization. Special assessment: $100. Motion to Dismiss the Remaining Counts of the Indictment as to This Defendant is granted. RECOMMENDATION: That the defendant participate in drug treatment, educational and vocational training programs. , dismissing counts as to Gaugau Fai Lepetia (5) count(s) 3, 5 , 12 . Motion to Dismiss the Remaining Counts of the Indictment as to This Defendant is granted. , terminating party Gaugau Fai Lepetia ; Advised of rights to appeal the sentence, etc.; Gaugau Fai Lepetia, USA Attorney Florence T. Nakakuni, Gurmail G. Singh, Lois Tiedemann - Interpreter, Neil w. Tsukayama - USPO present ( Ct Rptr: Stephen Platt) by Judge Helen Gillmor (bbb) Modified on 08/28/2003 |
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| 2003-08-27 |
231 |
0 |
Order |
ORDER denying defendants' motion to suppress wiretape evidence [161-1] by Judge Helen Gillmor (cc: counsel) (bbb) |
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| 2003-08-28 |
232 |
0 |
Judgment |
JUDGMENT and Commitment as to Gaugau Fai Lepetia by Judge Helen Gillmor (cc: all counsel) (bbb) (dat, ). |
2010-02-15 05:25:30 |
b915a5a44d7ffeed564e050b725b0e2eb4bb1b72 |
| 2003-09-19 |
234 |
0 |
Presentence Investigation Report |
PRESENTENCE Report on Gaugau Fai Lepetia (original sealed and held in probation office). (bbb) |
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| 2003-09-19 |
235 |
0 |
Sentencing Memorandum |
SENTENCING RECOMMENDATION as to Gaugau Fai Lepetia (original sealed and held in probation office) (bbb) |
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| 2003-09-23 |
237 |
0 |
CJA 21 - Authorization to Pay |
CJA Form 21 (Expert Services) Voucher # 030922000142 for Gary G. Singh as to Gaugau Fai Lepetia in the amount of $166.00 by Judge Barry M. Kurren (bbb) |
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| 2003-10-07 |
239 |
0 |
Miscellaneous Document |
FINDINGS and RECOMMENDATIONS on CJA Compensation Claim for attorney Michael G.M. Ostendorp in the amount of $3,441.78 by Mag Judge Barry M. Kurren (bbb) |
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| 2003-10-09 |
242 |
0 |
Jury Instructions |
JOINT proposed JURY Instructions by plaintiff USA as to (06) Katoni Johansson & (07) Aisea Tupou (bbb) |
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| 2003-10-09 |
243 |
0 |
Jury Instructions |
Non-agreed upon Instructions proposed by defendant Aisea Tupou and United States' alternative instruction by plaintiff USA (bbb) |
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| 2003-10-14 |
247 |
0 |
Witness List |
Government's WITNESS list as to defts Kotani Johannson (06 & Aisea Tupou (07) (bbb) |
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| 2003-10-17 |
249 |
0 |
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DECLARATION of interpreter - Aiona Kaufusi (bbb) |
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| 2003-10-21 |
258 |
0 |
Witness List |
Amended Government's WITNESS list (bbb) |
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| 2003-10-20 |
259 |
0 |
Jury Instructions |
amended joint proposed JURY Instructions by plaintiff USA (bbb) |
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| 2003-10-21 |
261 |
0 |
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DECLARATION of interpreter, Lupe Leota as to Katoni Johansson (06) (bbb) |
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| 2003-10-22 |
264 |
0 |
Response/Reply - Miscellaneous |
Government's NON-AGREED upon instructions proposed by defendant Katoni Johansson and United States' alternative instruction regarding [241-1] (bbb) |
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| 2003-10-23 |
266 |
0 |
Jury Instructions |
Government's second amended joint JURY Instructions (bbb) |
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| 2003-10-22 |
269 |
0 |
Jury Notes |
NOTE FROM JURY (bbb) |
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| 2003-11-03 |
277 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on A Status Conference is set for November 6, 2003 @ 3:45 p.m. before the Honorable Helen Gillmor. Thomas C. Muehleck, Esq. David F. Klein, Esq.; by Judge Helen Gillmor (bbb) |
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| 2003-11-05 |
280 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on The status conference is advanced from 3:45 p.m. to 3:15 p.m. on Thursday, November 6, 2003 before the Honorable Helen Gillmor. Thomas C. Muehleck, Esq. David F. Klein, Esq. before Judge Helen Gillmor (bbb) |
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| 2003-11-13 |
282 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on The sentencing to Count 1 of the Indictment as to (08) LISA ELAINE CURRY is continued from November 17, 2003 to December 29, 2003 @ 3:00 p.m. before the Honorable Helen Gillmor. Thomas C. Muehleck, Esq. Mark R. Zenger, Esq. before Judge Helen Gillmor (bbb) |
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| 2003-11-17 |
283 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on The sentencing to Count 1 of the Indictment as to (07) AISEA TUPOU is advanced from 3:00 p.m. to 11:15 a.m. on April 5, 2004 before the Honorable Helen Gillmor. Thomas C. Muehleck, Esq. Dwight C.H. Lum, Esq. before Judge Helen Gillmor (bbb) |
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| 2003-11-17 |
286 |
0 |
Response in Opposition |
United States' OPPOSITION to defendant's motion for downward departure [284-1]; exhibit 1; certificate of service (SEALED) (bbb) |
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| 2003-11-18 |
287 |
0 |
Response to Motion |
United States' RESPONSE to defendant's motion to advance sentencing [285-1]; certificate of service (bbb) |
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| 2003-11-18 |
288 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing onsetting hearing on The hearing on Motion to Advance Sentencing by Defendant (06) Katoni Johansson, aka "Toni Aleki", is set for Thursday, November 20, 2003 @ 2:00 p.m. before the Honorable Helen Gillmor. Mr. Warner will participate by telephone. The Probation Officer shall be present for this hearing. Thomas C. Muehleck, Esq. Alan G. Warner, Esq.; [285-1] by Judge Helen Gillmor (bbb) |
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| 2003-12-03 |
296 |
0 |
Order |
ORDER granting motion to withdraw as counsel and for appointment of substitute counsel : appointing Georgia McMillen by Mag Judge Barry M. Kurren (bbb) |
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| 2003-12-22 |
304 |
0 |
Appeal - Miscellaneous |
ORDER FOR TIME SCHEDULE RT to be ordered by 01/12/04 ;RT to be filed by 02/11/04 ;Aplnt's brief to be filed by 03/22/04 ;Aple's brief to be filed by 04/21/04 ;Aplnt's opt reply brief to be filed by 05/05/04 (cc: Clerk, 9CCA, all counsel, Court Reporters) Notice of Appeal sent to Clerk, 9CCA and to all counsel as to (01) KAVA MONE TOIA (bbb) |
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| 2004-01-09 |
307 |
0 |
USCA Notice of Docketing Record on Appeal |
APPEAL number 04-10006 received from 9CCA regarding [299-1] (bbb) |
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| 2004-01-09 |
308 |
0 |
Designation of Record on Appeal |
APPEAL Transcript Designation and Order form Tape for the dates of 05/08/2002; Stephen Platt for the dates of 08/27/2002; Debra Chun for the dates of 10/22/2003 & 10/23/2003 & Lisa Groulx for the dates of 12/01/2003 regarding [299-1] as to deft KAVA MONE TOIA (bbb) |
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| 2004-01-13 |
313 |
0 |
Miscellaneous Document |
FINDINGS and RECOMMENDATIONS on CJA Compensation Claim for attorney Daniel Pagliarini in the amount of $7,282.31 by Mag Judge Barry M. Kurren (cc: all counsel) (bbb) |
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| 2004-02-27 |
321 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on The Sentencing to Counts 1, 9 and 20 of the Indictment as to (06) KATONI JOHANSSON, aka "Toni Aleki", is advanced from 3:45 p.m. to 11:15 a.m. on Monday, March 1, 2004, before the Honorable Helen Gillmor. Thomas C. Muehleck, Esq. and Alan Gordon Warner, Esq. were notified by telephone. Interpreter Ms. Lupe F. Leota was also notified by telephone. (bbb) |
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| 2004-03-01 |
322 |
0 |
Affidavit |
DECLARATION OF Interpreter - Lupe Leota as to deft Katoni Johansson 06 (eps) |
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| 2004-03-04 |
324 |
0 |
Judgment Returned Executed |
JUDGMENT and Commitment returned executed on 9/26/03 as to Gaugau Fai Lepetia (5) count(s) 1 to TCI Taft, CA (eps) |
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| 2004-03-09 |
329 |
0 |
Appeal Record Sent to USCA |
APPEAL Certificate of Record Transmitted to 9CCA regarding [299-1] Kava Mone Toia 01 (cc: all counsel) (eps) |
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| 2004-03-09 |
331 |
0 |
Appeal - Miscellaneous |
ORDER FOR TIME SCHEDULE - as to Katoni Johansson 06 - RT to be ordered by 3/31/04 ;RT to be filed by 4/30/04 ;Aplnt's brief to be filed by 6/9/04 ;Aple's brief to be filed by 7/9/04 ;Aplnt's opt reply brief to be filed by 7/23/04 (cc: Clerk, 9CCA, all counsel, Court Reporters) Notice of Appeal sent to Clerk, 9CCA and to all counsel (eps) |
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| 2004-03-18 |
333 |
0 |
USCA Notice of Docketing Record on Appeal |
APPEAL number 04-10147 received from 9CCA regarding [330-1] Katoni Johansson (eps) |
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| 2004-03-26 |
339 |
0 |
Response in Opposition |
OPPOSITION to defendant's motion for downward departure; certificate of service - as to defendant Aisea Tupou [334-1] by USA - SEALED (eps) |
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| 2004-03-29 |
340 |
0 |
Designation of Record on Appeal |
APPEAL Transcript Designation and Order form Debra Chun for the dates of 10/21/03, 10/22/03, 10/24/03, 10/28/03, 10/22-10/29/03; Stephen Platt 3/1/04 [330-1] as to Katoni Johansson (eps) |
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| 2004-04-02 |
342 |
0 |
Miscellaneous Document |
FINDINGS and RECOMMENDATIONS on CJA Compensation Claim for attorney Gary Singh in the amount of $3,798.00 for deft (05) Gaugau Fai Lepetia by Mag Judge Leslie E. Kobayashi (bbb) |
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| 2004-04-14 |
346 |
0 |
Miscellaneous Document |
FINDINGS and RECOMMENDATIONS on CJA Compensation Claim for attorney David Klein in the amount of $5,233.89 by Mag Judge Barry M. Kurren (bbb) |
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| 2004-04-19 |
347 |
0 |
Miscellaneous Document |
FINDINGS and RECOMMENDATIONS on CJA Compensation Claim for attorney Alan G. Warner in the amount of $16,209.62 by Mag Judge Barry M. Kurren as to deft Katoni Johansson (bbb) |
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| 2004-05-04 |
350 |
0 |
CJA 20 - Authorization to Pay |
CJA Form 20 (Attorney Payment Voucher# 040504000091) by Attorney G. Gary Singh as to Gaugau Fai Lepetia in the amount of $3,798.00 by Judge Helen Gillmor (bbb) |
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| 2004-06-04 |
355 |
0 |
Appeal Record Sent to USCA |
Original Record transmitted FedEx to Clerk, 9CCA as to deft (01) Kava Mone Toia CA# 04-10006: 3 Clerk's volume, 16 reporters transcripts (5/8/02, 8/27/02, 2/25/03, 2/25/03, 2/25/03, 2/25/03, 3/20/03, 3/20/03, 10/21/03, 10/22/03, 10/22/03, 10/23/03, 10/23/03, 10/24/03, 10/28 - 29/03, 12/1/03) & 22 sealed documents (137, 138, 154, 157, 159, 162, 163, 182, 188, 205, 206, 244, 245, 281, 284, 286, 290, 293, 314, 326, 334 & 339) (bbb) |
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| 2004-06-30 |
357 |
0 |
Appeal Record Sent to USCA |
APPEAL Certificate of Record Transmitted to 9CCA regarding as to Katoni Johansson [330-1] (cc: all counsel) (bbb) |
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| 2004-12-21 |
361 |
0 |
Order |
Minute ORDER by Judge Helen Gillmor - Stays proceedings as to deft. Katoni Johansson (06) - On December 3, 2004 the Ninth Circuit Court of Appeals issued a decision remanding the case to the district court. The court of appeals presented the Court with the options of reconsidering the sentence or staying further proceedings before the district court pending the outcome of the cases United States v. Booker, 375 F.3d 508 (7th Cir.), cert. granted, 125 S. Ct. 11 (No. 04-104, 2004) and United States v. Fanfan, 2004 WL 1723114 (D. Me. June 28, 2004), cert. granted, 125 S. Ct. 12 (No. 04-105, 2004). The Court STAYS proceedings before the district court pending the outcome of Booker and Fanfan. IT IS SO ORDERED. [360-1] (gab) Modified on 12/23/2004 |
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| 2005-03-07 |
363 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on The hearing on Reconsideration of Sentence as to (06) KATONI JOHANSSON, aka "Toni Aleki" is set for April 29, 2005 @ 11:00 a.m. before the Honorable Helen Gillmor. Thomas C. Muehleck, Esq. Alan G. Warner, Esq. (bbb) |
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| 2005-03-07 |
364 |
0 |
Miscellaneous Document |
APPLICATION for writ of continuing garnishment by plaintiff USA: garnishee State of Hawaii Department of Budget and Finance Unclaimed Property program as to defendant Kava Mona Toia (bbb) |
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| 2005-03-07 |
365 |
0 |
Notice (Other) |
Clerk's NOTICE of post-judgment garnishment and instructions to defendant judgment debtor; request for hearing form; notice of defendant judgment debtor on how to claim exemptions; claim for exemtion form by plaintiff USA as to defendant Kava Mona Toia (bbb) |
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| 2005-03-07 |
366 |
0 |
Writ of Habeas Corpus ad Prosequendum Issued |
WRIT of continuing garnishment; instructions to the garnishee; answer of the garnishee form - Garnishee State of Hawaii Department of Budget and Finance Unclaimed Property Program as to defendant Kava Mone Toia (bbb) |
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| 2005-03-17 |
367 |
0 |
Response/Reply - Miscellaneous |
ANSWER of the garnishee form as to defendant Kave Mone Toia [366-1] - State of Hawaii, Dept of Budget and Finance Unclaim Property Program, Garnishee (bbb) |
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| 2005-06-06 |
372 |
0 |
Miscellaneous Document |
FINDINGS and RECOMMENDATIONS on CJA Compensation Claim for attorney Dwight Lum in the amount of $10,709.97 by Mag Judge Leslie E. Kobayashi (bbb) |
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| 2005-06-06 |
373 |
0 |
Miscellaneous Document |
FINDINGS and RECOMMENDATIONS on CJA Compensation Claim for attorney Mark Zenger in the amount of $4,663.50 by Mag Judge Leslie E. Kobayashi (bbb) |
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| 2005-08-12 |
374 |
0 |
Order |
Garnishee ORDER; certificate of service of documents on defendant-judgment debtor and garnishee-State of HI, Dept of Budger and Finance Unclaimed Property Program - by Mag Judge Kevin S. Chang [366-1] as to Defendant (01) Kava Mone Toia (bbb) |
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