| Date Filed |
Document # |
Attachment # |
Short Description |
Long Description |
Upload date |
SHA1 hash |
| 2002-04-17 |
1 |
0 |
Complaint |
COMPLAINT by Michael D. Rothermund, S/A DEA against John Steve Toledo signed by Mag Judge Kevin S. Chang [ 1:02-m -213 ] (fe) |
|
|
| 2002-04-18 |
2 |
0 |
Order |
ORDER sealing the complaint, supporting affidavit, arrest warrant and ex parte motion to seal by Mag Judge Kevin S. Chang sealing case [ 1:02-m -214 ] (eps) |
|
|
| 2002-04-17 |
3 |
0 |
CJA 20 - Appointment |
CJA Form 20 Copy 4 (Appointment of Counsel Donald L. Wilkerson) Voucher # as to defendant John Steve Toledo Attorney Donald L. Wilkerson [ 1:02-m -213 ] (fe) |
|
|
| 2002-04-17 |
4 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Initial Appearance - defendant John Toledo present. Request for court appointed counsel granted. Defendant sworn to Financial Affidavit. Detention Hearing - 4-22-02 at 10:30 KSC. Preliminary Hearing 5-1-02 at 10:30 BMK. Defendant remanded to the custody of the U. S. Marshals. ; John Steve Toledo Attorney Louis Bracco, Donald L. Wilkerson present ( Ct Rptr: Tape 881, C5) by Judge Kevin chang [ 1:02-m -213 ] (fe) |
|
|
| 2002-04-17 |
5 |
0 |
Financial Affidavit - CJA23 |
FINANCIAL Affidavit as to John Steve Toledo [ 1:02-m -213 ] (fe) |
|
|
| 2002-04-22 |
6 |
0 |
Minutes - Miscellaneous |
***NOTE: THERE ARE TWO DOCKET ENTRIES NUMBERED 6. THIS MINUTE ENTRY IS IDENTIFIED IN THE CASE FILE AS DOCUMENT NUMBER "6-A." THE OTHER DOCKET ENTRY No. 6 PERTAINS TO THE FINANCIAL AFFIDAVIT EXECUTED BY MANUEL LOPES.*** EP: MINUTES: detention hearing - continued to 4//23/02 at 1:45 KSC ; Bracco to notify Wilkerson, Later: detention hearing set for 3:30 4/23/02 for John Steve Toledo ; John Steve Toledo Attorney Louis Bracco present ( Ct Rptr: Tape 883, C5) by Judge Kevin Chang [ 1:02-m -213 ] (fe) Modified on 07/22/2002 |
|
|
| 2002-04-25 |
7 |
0 |
Order of Detention |
ORDER of Detention by Mag Judge Kevin S. Chang as to John Steve Toledo [ 1:02-m -213 ] (fe) |
|
|
| 2002-04-23 |
8 |
0 |
Minutes - Miscellaneous |
EP: MINUTES:Detention Hearing - defendant John Toledo present. Motion to Detain granted. Defendant remanded to the custody of the U. S. Marshals. [2-1], John Steve Toledo Attorney Louis Bracco, Donald L. Wilkerson present ( Ct Rptr: Tape 885, C5) by Judge Kevin Chang [ 1:02-m -213 ] (fe) |
|
|
| 2002-05-01 |
9 |
0 |
Waiver - Miscellaneous |
WAIVER of preliminary examination or hearing [ 1:02-m -213 ] (fe) |
|
|
| 2002-05-01 |
10 |
0 |
Order on Motion to Substitute Attorney |
WITHDRAWAL, SUBSTITUTION and ORDER: Attorney Christopher R. Evans replacing attorney Donald L. Wilkerson for John Steve Toledo by Judge Kevin Chang; certificate of service [ 1:02-m -213 ] (fe) |
|
|
| 2002-05-01 |
12 |
0 |
Indictment |
EP: INDICTMENT by USA Counts filed against John Steve Toledo (1) count(s) 1, Manuel Lopes (2) count(s) 1; Summons ordered ( Laura Savo ) by Mag Judge Kurren (gs) |
|
|
| 2002-05-01 |
13 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Preliminary Hearing - deft present in custody. Deft advised of right to grand jury review. Waiver of Preliminary Examination or Hearing signed and filed. Defendant bound over for grand jury review. Deft remanded to custody of U.S. Marshal. ; John Steve Toledo Attorney Louis A. Bracco, Christopher R. Evans present ( Ct Rptr: Tape 1226, C6) by Judge Barry M. Kurren (fe) Modified on 05/02/2002 |
|
|
| 2002-05-03 |
14 |
0 |
Summons Issued |
PS issued as to John Steve Toledo ; arraignment set for 10:00 5/6/02 for John Steve Toledo before Mag Judge Barry M. Kurren (gs) |
|
|
| 2002-05-02 |
16 |
0 |
Notice of Hearing |
NOTICE ~ as to Deft Manuel Lopes - A & P to Indictment as to Manuel Lopes set for 5/3/02 @ 10:30 a.m. is moved to 9:30 a.m. the same day before BMK; Notified: Louis Bracco, Richard Gronna thru Yoslyn, USMS (gs) |
|
|
| 2002-05-06 |
19 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: A & P to Indictment as to John Steve Toledo - deft present in custody; Arrn waived; Plea of NOT GUILTY entered; Dates given: JS/JT 7/2/02 @ 9:00 a.m., HG; Final Pretrial Conference 6/3/02 @ 10:00 a.m., LEK; Motions due 5/24/02; Response due 6/7/02; Deft remanded to custody to USMS; John Steve Toledo, USA Attorney Louis A. Bracco, Christopher R. Evans present (Ct Rptr: C6 tape 1229) by Judge Kurren (gs) |
|
|
| 2002-05-08 |
20 |
0 |
Summons Returned Executed |
PS returned executed on 5/6/02 as to John Steve Toledo (gs) |
|
|
| 2002-05-16 |
23 |
0 |
Utility - Miscellaneous |
Government's Initial Discovery Statement; Certificate of Service (gs) |
|
|
| 2002-05-17 |
24 |
0 |
Utility - Miscellaneous |
Government's (First) Supplemental Discovery Statement; Certificate of Service by USA (gs) |
|
|
| 2002-05-23 |
26 |
0 |
Utility - Miscellaneous |
Government's Second Supplemental Discovery Statement; certificate of service (gab) |
|
|
| 2002-05-23 |
27 |
0 |
Response/Reply - Miscellaneous |
Government's Reply to Defendant Lopes' Bail Reconsideration Motion and Request for Temporary Release to Obtain Salvation Army Drug Treatment Assessment; certificate of service (gab) |
|
|
| 2002-06-03 |
29 |
0 |
Minutes - Miscellaneous |
EO: MINUTES Final Pretrial Conference not held; Parties are in agreement to continue the trial and all deadlines; Jury Selection/Trial is continue to 9:00 9/24/02, HG; Final Pretrial Conference is continued to 10:00 8/19/02, BMK (parties requested earlier date); Deft's motions due 8/12/02; Govt's response due 8/26/02; Stipulation and Order condinuing trial and excluding time to be submitted to Judge Helen Gillmor for her consideration for John Steve Toledo, for Manuel Lopes by Mag Judge Kobayashi (gs) |
|
|
| 2002-06-06 |
30 |
0 |
Order |
ORDER by Mag Judge Barry M. Kurren denying motion to reconsider order to detain defendant Manuel Lopes without bail [25-1]; certificate of service - by USA (afc) |
|
|
| 2002-06-13 |
33 |
0 |
Response/Reply - Miscellaneous |
Government's REPLY to Defendant Lopes' Motion for Discovery of Multiple Search Warrant Affidavits [31-1] (sealed) |
|
|
| 2002-06-18 |
35 |
0 |
Response in Opposition |
Government's MEMORANDUM in Support of Non-Disclosure of "Yuen" Search Warrant Affidavit; Certificate of Service [31-1] (gs) |
|
|
| 2002-06-21 |
36 |
0 |
Minutes - Miscellaneous |
EO: MINUTES This matter came on for hearing on June 14, 2002 regarding Defendant Manuel Lopes' ("Defendant") motion for discovery of search warrant affidavits, specifically the April 16, 2002 search warrant obtained by Agent Michael Rothermund ("the Rothermund Affidavit") and the April 25, 2002 search warrant obtained by Agent James Yuen ("the Yuen Affidavit"). After oral argument was held, the Court ruled it would conduct an in camera review of both search warrants, and permitted the parties to submit additional briefing. The United States of America ("Government") filed its Memorandum in Support of Non-Disclosure of "Yuen" Search Warrant Affidavit on June 18, 2002. No additional briefing was received from Defendant. The Government concedes that the Court should order disclosure of the Rothermund Affidavit but argues that there is no basis upon which to order the disclosure of the Yuen Affidavit as the latter affidavit contains "no information or evidence which exculpates [Defendant] ... and ... is not otherwise subject to disclosure under Rule 16 or other legal authority." (Government's Mem., at 2.) Thus, the Court limits its in camera review to the Yuen Affidavit. If the Government has exculpatory evidence, it must be disclosed to the defense. See, U.S. v. Bryan, 868 F.2d 1032, 1034(9th Cir. 1989), cert. denied, 493 U.S. 858 (1989)(citing Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194 (1963)). Further, impeachment evidence, as well as exculpatory evidence, falls within the Brady rule. See, United States v. Bagley, 473 U.S. 667, 677, 105 S.Ct. 3375, 3381(1985)("This Court has rejected any such distinction between impeachment evidence and exculpatory evidence."). In its in camera review, the Court finds that the Yuen Affidavit contains neither impeachment nor exculpatory evidence and, therefore, is not Brady material that must be disclosed to the defense. Defendant's motion is therefore DENIED as to the Yuen Affidavit. The Government is instructed to retrieve the Rothermund and Yuen Affidavits, and to produce the Rothermund Affidavit to Defendant by no later than June 24, 2002, 4:00 p.m. IT IS SO ORDERED. cc: all counsel granting motion for discovery [31-1] by Mag Judge Kobayashi (gs) |
|
|
| 2002-06-24 |
37 |
0 |
Stipulation and Order |
STIPULATION and order Continuing Trial to September 24, 2002 and Excluding Trial time by Judge Helen Gillmor ; jury trial set for 9:00 9/24/02; pretrial conference set for 10:00 8/19/02; Time excluded for John Steve Toledo, for Manuel Lopes: 6/3/02 - 9/24/02 (gs) |
|
|
| 2002-07-02 |
40 |
0 |
Minutes - Miscellaneous |
EO: MINUTES continued: [Defendant Manuel Lopes' motion to reconsider Order to Detain Defendant without Bail] from 7/8/02 3:00 p.m. to 7/10/02 3:00 p.m. KSC; Lou Bracco to notify parties [39-1] by Mag Judge Chang (gs) |
|
|
| 2002-07-03 |
41 |
0 |
Response/Reply - Miscellaneous |
Government's REPLY to Defendant Lopes' Second Motion for Bail Reconsideration; Exhibit A; Certificate of Service regarding [39-1] (gs) |
|
|
| 2002-07-05 |
42 |
0 |
Response to Motion |
Government's RESPONSE to Defendant Lopes' Appeal of Magistrate Judge's order Denying Disclosure After In Camera Review; Certificate of Service [38-1] (gs) |
|
|
| 2002-07-08 |
43 |
0 |
Minutes - Miscellaneous |
EO: MINUTES Deft Manuel Lopes' Motion to Reconsider Order to Detain Defendant without bail set for 7/10/02 at 3:00 moved to 7/10/02 at 4:15 KSC; Richard Gronna to notify parties [39-1] (gs) |
|
|
| 2002-07-12 |
46 |
0 |
|
APPEAL from Magistrate's Order by plaintiff USA (gs) |
|
|
| 2002-07-12 |
47 |
0 |
Response in Support |
Government's MEMORANDUM in support of appeal of Pre-Trial Release Order; Exhibits "A" and B"; Certificate of Service [46-1] by plaintiff USA (gs) |
|
|
| 2002-07-12 |
48 |
0 |
Notice of Hearing |
NOTICE ~ as to Deft Manuel Lopes ~ The hearing on Appeal of the Mag Judge's Order Granting Bail is set for today, July 12, 2002 @ 2:15 p.m. before the Honorable Helen Gillmor; The following were notified by telephone: Louis Bracco, Richard Gronna [46-1] (gs) |
|
|
| 2002-07-18 |
50 |
0 |
Utility - Miscellaneous |
Government's Third Supplemental Discovery Statement; Certificate of Service (gs) |
|
|
| 2002-07-25 |
51 |
0 |
Miscellaneous Document |
Faxed Title Report of owner- Manuel and Shirley Lopes (gs) |
|
|
| 2002-07-25 |
52 |
0 |
Minutes - Miscellaneous |
EO: MINUTES Status Conference Manuel Lopes set for 7/26/02 10:25 a.m. KSC; Richard Gronna to notify parties for Manuel Lopes by Mag Judge Chang (gs) |
|
|
| 2002-07-29 |
54 |
0 |
Miscellaneous Document |
MORTGAGE as to deft. Manuel Lopes, Jr (02) in the amount of $ 100,000.00; address of property- TMK 2-7-012-139, 1569 West Kuiaha, Haiku, HI; title of owner- Manuel Lopes, Jr (Trustee) & Shirley Lopes (Trustee) (gab) |
|
|
| 2002-07-31 |
55 |
0 |
Indictment |
EP: SEALED SUPERSEDING INDICTMENT by USA; naming John Steve Toledo, Manuel Lopes, Herbert Kealoha, Mike DeGuair, Lindsay Duzon, Chris Takeuchi, Mary Gomez counts filed against John Steve Toledo (1) count(s) 1s, 2s, 3s, 6s, Manuel Lopes (2) count(s) 1s, 4s, 5s, 7s, Herbert Kealoha (3) count(s) 1, Mike DeGuair (4) count(s) 1, Lindsay Duzon (5) count(s) 1, Chris Takeuchi (6) count(s) 1, Mary Gomez (7) count(s) 1 ordered ( Laura Savo) by Mag Judge Chang (gs) Additional attachment(s) added on 4/4/2006 (bbb, ). |
2010-02-14 13:48:44 |
29bff75d842bfeafcc0b7014cbf6e135a06a6ec9 |
| 2002-08-02 |
62 |
0 |
Miscellaneous Document |
Appraisal - address of property- 1569 West Kuiaha Rd, Haiku; as to Deft Manuel Lopes (sealed) |
|
|
| 2002-08-01 |
63 |
0 |
Minutes - Miscellaneous |
EO: MINUTES On June 10, 2002, Defendant Manuel Lopes filed a MOTION FOR DISCOVERY. Defendant Lopes sought the affidavits of the search warrants that were executed on the residence of the Defendant on April 16, 2002 and April 25, 2002. Defendant's MOTION FOR DISCOVERY was assigned the magistrate judge. The magistrate judge conducted an in camera review of both search warrants. The Government conceded that the April 16, 2002 search warrant affidavit should be disclosed to Defendant Lopes, but argued that the April 25, 2002 search warrant affidavit by Agent James Yuen should remain sealed. On June 21, 2002, the magistrate judge denied Defendant's MOTION FOR DISCOVERY as to the April 25, 2002 search warrant affidavit by Agent Yuen. The magistrate judge found the April 25, 2002 affidavit contained neither impeachment or exculpatory evidence which was required to be disclosed to the defense.On July 1, 2002, Defendant Lopes appealed the magistrate judge's ruling. Defendant Lopes argued the April 25, 2002 affidavit by Agent Yuen contains exculpatory evidence due to the fact the information that was relied on by the Government proved to be false as no evidence was seized during the second search on April 26, 2002. On July 5, 2002, the Government filed the Government's Response to Defendant Lopes' Appeal of Magistrate Judge's Order Denying Disclosure After In Camera Review. The Court has reviewed all the filings by the Government and Defendant Lopes, the magistrate judge's order, and the April 16, 2002 and April 25, 2002 search warrant affidavits. The Court UPHOLDS the magistrate judge's June 21, 2002 order denying Defendant Lopes' request to review the April 25, 2002 search warrant affidavit of Agent Yuen. The April 25, 2002 search warrant affidavit of Agent Yuen does not contain any information that would constitute Brady material affirming the decision of the District Court [38-1] by Mag Judge Gillmor (sealed) |
|
|
| 2002-08-06 |
74 |
0 |
Minutes - Miscellaneous |
EO: MINUTES Detention hearing as to Kealoha, Deguair, Duzon set for 8/8/02 @ 10:00 a.m. is moved to 3:00 p.m. the same day before BMK; A & P to Superseding Indictment as to Lopes continued from 8/7/02 to 8/8/02 @ 3:00 p.m., BMK; Trial Setting conference set for 8/8/02 @ 3:00 p.m., BMK; Louis Bracco to notify parties by Mag Judge Kurren (gs) Modified on 08/08/2002 |
|
|
| 2002-08-08 |
92 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: A&P to the Superseding Indictment as to defendant (02) Manuel Lopes - Defendant (02) Manuel Lopes present. As to defendant (02) Manuel Lopes -Arraignment waived. Plea of not guilty entered to the Superseding Indictment. Defendant 01 John Toledo's presence waived. (Defendant 01 Toledo was not arraigned to the Superseding Indictment.) Defendants 02 Manuel Lopez, 03 Herbert Kealoha, 04 Mike DeGuair, 05 Lindsay Duzon, 06, Chris Takeuchi, 07 Mary Gomez present.As to defendants 02 Manuel Lopez, 03 Herbert Kealoha, 04 Mike DeGuair, 05 Lindsay Duzon, 06 Chris Takeuchi, 07 Mary Gomez - Arraignment waived. Pleas of not guilty entered to the Superseding Indictment New trial dates given: JT 1-7-03 at 9:00 HG FPT 12-9-02 at 10:00 KSC Mos due 10-1-02 Resp due 10-15-02 The Court finds that the ends of justice served by such an action outweigh the best interest of the public and the defendant in a speedy trial. The Court orders that the period from 9-24-02 to and including 1-7-03 be excluded from computation under the Speedy Trial Act as a failure to grant the continuance would unreasonably deny counsel for the defendant reasonable time necessary for effective preparation, taking into account the exercise of due diligence. Detention Hearing as to defendant 03 Herbert Kealoha - (7a) Execute a bond in the amount of $25,000 unsecured bond, co-signed by Susan Nakamiya. The defendant is placed in the Third Party Custodianship of fiancee Susan Nakamiyo. (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 Island of Oahu. (7m) No contact with: co-defendants listed in Criminal No. 02-00179HG. (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. Detention Hearing as to defendant 04 Mike DeGuair - Motion to Detain granted. Defendant 04 Mike DeGuair remanded to the custody of the U. S. Marshals. Detention Hearing as to defendant 05 Lindsay Duzon - (7a) Execute a bond in the amount of $25,000 unsecured bond, co-signed by Cynthia Goulette. Defendant is placed in the Third Party Custodianship of girlfriend, Cynthia Goulette. (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 Island of Oahu. (7j) Maintain residence with/at: Cynthia Goulette at 84-564 Kepue Street, Makaha, Hi 96792. (7m) No contact with: co-defendants listed in Criminal No. 02-00179HG. (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. Participate in a substance abuse assessment not later than August 22, 2002, or 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. Other conditions: Resolve outstanding bench warrants not later than August 29, 2002, or as directed by Pretrial Services. Detention Hearing as to defendant 07 Mary Gomez (7a) Execute a bond in the amount of $30,000 unsecured bond. Defendant placed in the Third Party Custodianship of Ramon Madden. (7b) Comply with pretrial services supervision, and abide by all general and special conditions of release as directed by Pretrial Services. (7g) Do not apply for/obtain a passport. (7h) Travel is restricted to: The State of Hawaii; inter-island travel must be approved in advance by Pretrial Services. (7j) Maintain residence with/at: Ramon Madden at 4242 Lower Honoapiilani Rd., #E702, Kahana, Maui or a residence approved by Pretrial Services. (7m) No contact with: co-defendants, witnesses, unindicted co-conspirators, or any one related to the case charged in Criminal No. 02-00179HG. Other conditions: Defendant permitted to be released today. The Third Party Custodian allowed to sign the bail documents and have them faxed to the Clerk's Office by 8-15-02; Manuel Lopez, Herbert Kealoha, Mike Deguair, Lindsay DeGuair, Lindsay Duzon, Chris Takeuchi, Mary Gomez, USA Attorney Louis A. Bracco, Christopher R. Evans, Ron Verga, special Appearance, Richard D. Gronna, Emmanuel G. Guerrero, David J. Gierlach, Rustam Barbee, Richard N. Wurdeman, Alvin P.K.K. Nishimura ( Ct Rptr: Tape C6 1264) by Judge Kurren (gs) |
|
|
| 2002-08-14 |
103 |
0 |
Utility - Miscellaneous |
Government's Initial Discovery Statement (as to Superseding Indictment) Certificate of Service (gs) |
|
|
| 2002-08-19 |
104 |
0 |
Order on Motion to Substitute Attorney |
WITHDRAWAL and Appearance of Counsel for Defendant John Steve Toledo and ORDER: Attorney John S. Edmunds, Paul Maki, Ronald J. Verga replacing attorney Christopher R. Evans for John Steve Toledo by Judge Kurren (gs) |
|
|
| 2002-08-20 |
107 |
0 |
Affidavit |
AFFIDAVIT re Cash Bail or Security, Michael Deguair ($ 43,000.00 CASH) (gs) |
|
|
| 2002-08-21 |
108 |
0 |
Order |
ORDER Setting Trial Date and Excluding Speedy Trial Time; Certificate of Service by Mag Judge Barry M. Kurren ; jury trial set for 9:00 1/7/03; pretrial conference set 10:00 12/9/02; Time excluded for John Steve Toledo, for Manuel Lopes, for Herbert Kealoha, for Mike DeGuair, for Lindsay Duzon, for Chris Takeuchi, for Mary Gomez: 9/24/02 - 1/7/03 (gs) |
|
|
| 2002-08-22 |
109 |
0 |
Motion for Miscellaneous Relief |
Notice of Hearing of Motion; Defendant John Steve Toledo's MOTION for modification of Pretrial Detention Order by defendant John Steve Toledo ; Memorandum in support of Motion; and Certificate of Service Motion hearing set for 8/26/02 @ 10:30 a.m. (gs) |
|
|
| 2002-08-26 |
110 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: M/Modification of Pretrial Detention Order as to John Toledo - deft present in custody; Motion Continued to 9/6/02 @ 10:00 a.m., BMK; Pretrial Officer Tony Barry to Check into possibilities of programs on Oahu and Maui; Deft remanded to custody of Marshal [109-1]; John Steve Toledo, USA Attorney Michael Seabright for Louis A. Bracco, John S. Edmunds present ( Ct Rptr: C6 1276) by Judge Kurren (gs) |
|
|
| 2002-08-30 |
112 |
0 |
Summons Issued |
PS issued as to John Steve Toledo ; arraignment set for 10:00 9/6/02 for John Steve Toledo before Mag Judge Barry M. Kurren (gs) |
|
|
| 2002-09-05 |
115 |
0 |
Response/Reply - Miscellaneous |
REPLY by plaintiff USA to Defendant Toledo's Bail reconsideration motion [109-1]; certificate of service (gab) |
|
|
| 2002-09-06 |
116 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Motion for Modification of Pretrial Detention Order and A & P to Superseding Indictment as to John Steve Toledo - deft present in custody; [109-1] arraignment held on 9/6/02 arraignment waived; plea of NOT GUILTY entered; Dates/Deadlines previously given will remain unchanged: JS/JT 1/7/03 @ 9:00 a.m., HG; Final Pretrial Conference 12/9/02 @ 10:00, KSC; Motions due 10/1/02; Response 10/15/02; Motion for Modification of Pretrial Detention Order - GRANTED; Bail set as follows: (7a) Execute a bond in the amount of $400,000.00 property bond. The two properties, 1555 Kuiaha St., Haiku, Maui, HI and the adjacent property (address unknown at this time) must have total equity of at least $400,000.00. The property bond is subject to forfeiture for defendant's non-appearance and for any violation of conditions of release. Release is delayed pending the posting of property 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. Defendant to submit an affidavit stating that he has no passport. (7h) Travel is restricted to: the Island of Oahu. (7m) No contact with: co-defendants, co-conspirators, or witnesses in CR 02-00179HG. Defendant may have contact with his wife, Michelle Toledo. (7q) As directed by Pretrial Services, placement at MILLER HALE. You are restricted to the facility at all times except as pre-approved by Pretrial Services. You are required to abide by all established rules of the facility. Defendant to be placed on the waiting list, pending bed space. (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. (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. Louis Bracco indicated to the court that he would be filing an appeal. If an appeal is filed, this court's order re bail will be stayed. Deft remanded to custody of U.S. Marshal ; John Steve Toledo, USA Attorney Louis A. Bracco, John S. Edmunds present ( Ct Rptr: C6 tape 1283 & 1284) Judge Kurren (gs) |
|
|
| 2002-09-06 |
117 |
0 |
|
Notice of APPEAL from Magistrate's Order ; Exhibit A; Certificate of Service by plaintiff USA (cc: CRD, Judge Gillmor) (gs) |
|
|
| 2002-09-06 |
118 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Government's Appeal of Magistrate's Pretrial Detention Order: Defendant is present - in custody. The record at side bar is Ordered sealed. The Court affirms the Magistrates Modification of Pretrial Detention Order, but Condition (7q). is modified to include that the defendant may not use the pay phone at Miller Hale. (7q) As directed by Pretrial Services, placement at MILLER HALE. You are restricted to the facility at all times except as pre-approved by Pretrial Services. You are required to abide by all established rules of the facility. Defendant to be placed on the waiting list, pending bed space. The defendant may not use the pay phone at Miller Hale [117-1]; John Steve Toledo, USA Attorney Louis A. Bracco, John S. Edmunds present ( Ct Rptr: Stephen Platt) by Gillmor (gs) |
|
|
| 2002-09-09 |
119 |
0 |
Summons Returned Executed |
PS returned executed on 9/6/02 as to John Steve Toledo (gs) |
|
|
| 2002-10-07 |
122 |
0 |
Minutes - Miscellaneous |
EO: MINUTES Continued: [Deft Mike DeGuair's Motion for Bill of Particulars] from 10/15/02 10:00 a.m. to 10/21/02 10:30 a.m. KSC; Betty of David Gierlach's office to notify parties re [121-1], re [120-1] by Judge Mag Judge Kevin S. Chang (gs) |
|
|
| 2002-10-07 |
123 |
0 |
Stipulation and Order |
First STIPULATION for Extension of Time within which defendant may file and the Government May respond to Defendant's Pretrial Motions; and Order by Mag Judge Kevin S. Chang (gs) |
|
|
| 2002-10-08 |
124 |
0 |
|
DECLARATION of Joy S. Omonaka; Exhibits A and B; and Certificate of Service as to defendant John Steve Toledo (gs) |
|
|
| 2002-10-17 |
125 |
0 |
Minutes - Miscellaneous |
EO: MINUTES Bail Review Hearing (Defendant Manuel Lopes set for 10/18/02 10:00 to 10:30 KSC the same day by Mag Judge Kevin S. Chang (gs) |
|
|
| 2002-10-17 |
126 |
0 |
Minutes - Miscellaneous |
EO: MINUTES Status Conference Re: Bail issues John Toledo is set for 10/18/02 @ 3:30 p.m. KSC; Notified Lou Bracco and John Edmunds by Mag Judge Kevin S. Chang (gs) |
|
|
| 2002-10-18 |
127 |
0 |
Response/Reply - Miscellaneous |
Government's REPLY to Defendant Deguair's Motion for a Bill of Particulars; Certificate of Service [120-1] (gs) |
|
|
| 2002-10-18 |
128 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Status Conference re: Bail issues - continued from 10/18/02 to 10/23/02 at 3:00 KSC - as to deft John Toledo; Deft John Toledo present ; John Steve Toledo, USA Attorney Louis A. Bracco, Joy Omonaka present (Ct Rptr: Tape 946) by Judge Chang (gs) |
|
|
| 2002-10-23 |
133 |
0 |
Minutes - Miscellaneous |
EO: MINUTES Status Conference Re Bail as to John Toledo continued to 11/7/02 @ 10:00 a.m., BMK at the agreement of all parties for John Steve Toledo by Judge Mag Judge Kevin S. Chang (gs) |
|
|
| 2002-11-01 |
135 |
0 |
Stipulation and Order |
STIPULATION to Modify conditions of Pretrial Release; Order granting stipulation to modify conditions of pretrial release by Mag Judge Barry M. Kurren as to Deft Manule Lopes, Jr. (gs) |
|
|
| 2002-11-07 |
141 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Status Conference Re Bail as to 01 John Toledo held. Deft's presence waived. USA Attorney Louis A. Bracco, John S. Edmunds present (Ct Rptr: C6 Tape 1302) by Mag Judge Barry M. Kurren (afc) |
|
|
| 2002-12-02 |
151 |
0 |
Minutes - Miscellaneous |
EO: MINUTES Motion to reconsider order to Detain Defendant without Bail as to Manuel Lopes [150-1] set for 9:00 12/4/02 before KSC is moved to 9:00 before BMK the same day by Mag Judge Barry M. Kurren (gs) |
|
|
| 2002-12-03 |
152 |
0 |
Notice of Hearing |
NOTICE ~ Motion to withdraw not guilty plea and to plead anew is set for Friday, 12/6/02 at 10:30 before Mag Judge Kevin Chang; Louis Bracco to notify parties ; withdrawal of not guilty plea set for 10:30 12/6/02 for Lindsay Duzon (gs) |
|
|
| 2002-12-09 |
158 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Final Pretrial Conference set 12/9/02 not held; Deft Lopes' Oral Motion to Continue trial granted; New trial dates given: JT 4/8/03 at 9:00 HG; FPT 3/10/03 at 10:00 BMK; Mos due 2/3/03; Resp due 2/18/03; Govt to prepare order excluding time from 1/7/03 thru 4/8/03; Defts John Toledo, Manuel Lopes, Herbert Kealoha, Mike DeGuair, Chris Takeuchi, and Mary Gomez's presence waived John Steve Toledo, Manuel Lopes, Herbert Kealoha, Mike DeGuair, Chris Takeuchi, Mary Gomez, USA Attorney Louis A. Bracco, John Edmunds, Richard Gronna, Emmanuel Guerrero, Denise Hevicon for David Gierlach, Richard Wurdeman, Alvin Nishimura present (Ct Rptr: C5 968) by Judge Chang (gs) |
|
|
| 2002-12-11 |
160 |
0 |
Order |
ORDER Setting Trial Date and Excluding Speedy Trial Time; Certificate of Service by Mag Judge Kevin S. Chang re [158-3] ; jury trial set for 9:00 4/8/03 ; pretrial conference set for 10:00 3/10/03; Time excluded: 1/7/03 - 4/8/03 for John Steve Toledo, for Manuel Lopes, for Herbert Kealoha, for Mike DeGuair, for Chris Takeuchi, for Mary Gomez (gs) |
|
|
| 2002-12-19 |
162 |
0 |
Miscellaneous Document |
FINDINGS and RECOMMENDATIONS on CJA Compensation Claim by Mag Judge Barry M. Kurren - recommends payment of $138.00 as requested by counsel Donald Wilkerson (fe) |
|
|
| 2002-12-19 |
163 |
0 |
Order |
ORDER Denying Defendant Lopes' Motion for Reconsideration of Pretrial Detention Status by Mag Judge Kevin S. Chang [159-1], [150-1] (sealed) |
|
|
| 2003-01-21 |
165 |
0 |
CJA 20 - Authorization to Pay |
CJA Form 20 (Attorney Payment Voucher# 030120000007) by Attorney Donald Wilkerson as to John Steve Toledo in the amount of $138.00 by Judge Kurren (sealed) |
|
|
| 2003-01-31 |
166 |
0 |
Notice of Hearing |
NOTICE - Motion for withdrawal of not guilty plea and to plead anew set for 2/5/03 @ 2:00 p.m. before Mag Judge Kevin Chang for Manuel Lopes (gs) |
|
|
| 2003-02-28 |
174 |
0 |
Notice of Hearing |
NOTICE - Motion to withdraw Not Guilty plea and to plead anew as to John Toledo is set for 10:00 3/7/03 for John Steve Toledo before Judge Kurren (gs) |
|
|
| 2003-03-04 |
175 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on ; sentencing to Count 1 of the Superseding Indictment is continued from 4/28/03 to 11:15 8/11/03 for Lindsay Duzon before Judge Helen Gillmor (gab) |
|
|
| 2003-03-07 |
176 |
0 |
Miscellaneous Document |
CONSENT to Rule 11 plea in a felony case before a United States Magistrate Judge as to John Steve Toledo (gs) |
|
|
| 2003-03-09 |
177 |
0 |
Plea Agreement |
MEMORANDUM of Plea Agreement as to John Steve Toledo (gs) |
|
|
| 2003-03-07 |
178 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: M/Withdraw Not Guilty Plea and to plead anew as to John Steve Toledo - deft present in custody; Consent to Rule 11 Plea in a Felony Case before U.S. Mag Judge signed and filed; Deft sworn and querired; Advised of rights; Memorandum of plea agreement signed and filed; plea of guilty entered to Counts 1 and 6 of the Superseding Indictment; Remaining counts to be dismissed after sentencing ; Court to submit Report and Recommendation Concerning Guilty Plea recommending that deft be adjudged guilty and have sentence imposed; Deft advised of right to file objection to Report and Recommendation; Pre-sentence Investigation Report ordered; Sentencing 9/8/03 @ 1:30 p.m., HG; Trial date vacated; Deft remanded to custody of USMS ; John Steve Toledo, USA Attorney Louis A. Bracco, John S. Edmunds present (Ct Rptr: C6 1339) by Judge Kurren (gs) |
|
|
| 2003-03-10 |
180 |
0 |
Minutes - Miscellaneous |
EO: MINUTES: Status Conference Re: Counsel for Deft Herbert Kealoha set for 3/21/03 3:00 p.m. before BMK; AUSA Louis Bracco to notify all parties by Judge Kurren (sealed) |
|
|
| 2003-03-10 |
181 |
0 |
Notice of Hearing |
NOTICE - Motion for withdrawal of not guilty plea and to plead anew set for 3:30 3/28/03 before Mag Judge Barry Kurren (sealed) |
|
|
| 2003-03-07 |
182 |
0 |
Miscellaneous Document |
Report and Recommendation concerning Plea of Guilty as to John Steve Toledo (sealed) |
|
|
| 2003-03-21 |
184 |
0 |
Order |
Acceptance of Plea of Guilty, Adjudication of Guilt and Notice of Sentencing by Judge Helen Gillmor adopting Magistrate order [173-1] (gs) |
|
|
| 2003-03-27 |
185 |
0 |
Order |
Acceptance of Plea of Guilty, Adjudication of guilt and Notice of Sentencing by Judge Helen Gillmor [182-1] as to John Toledo (gs) |
|
|
| 2003-04-02 |
188 |
0 |
Order on Motion to Substitute Attorney |
WITHDRAWAL and SUBSTITUTION of Counsel for Defendant Herbert Kealoha; ORDER; Certificate of Service: Attorney Howard K.K. Luke replacing attorney Emmanuel G. Guerrero for Herbert Kealoha by Judge Kobayashi (gs) |
|
|
| 2003-04-04 |
189 |
0 |
Miscellaneous Document |
FINDINGS and RECOMMENDATIONS on CJA Compensation Claim ; $2,088.00 for Emmanuel Guerrero by Mag Judge Barry M. Kurren (gs) |
|
|
| 2003-04-18 |
196 |
0 |
Order |
Acceptance of Plea of Guilty, Adjudication of Guilt and Notice of Sentencing by Judge Helen Gillmor [194-1] as to Deft Mike Deguair (gs) |
|
|
| 2003-05-12 |
197 |
0 |
Minutes - Miscellaneous |
EO: MINUTES: Status conference Re: Ex Parte Motion to Exonerate Bail is set for 5/16/03 at 10:00 a.m. before Judge Chang for Manuel Lopes by Judge Chang (gs) |
|
|
| 2003-05-13 |
199 |
0 |
Minutes - Miscellaneous |
EO: MINUTES: Status Conference Re: Ex Parte Motion to Exonerate Bail currently set for 5/16/03 at 10:00 a.m. has been continued to 5/20/03 at 10:00 a.m. before Judge Chang [198-1] by Judge Chang (gs) |
|
|
| 2003-05-15 |
200 |
0 |
Stipulation and Order |
STIPULATION and order Extending the time for the filing of pretrial motions by Mag Judge Kevin S. Chang as to Defts Kealoha, Takeuchi, Gomez (gs) |
|
|
| 2003-06-05 |
204 |
0 |
Order |
Ex Parte Motion for Authorization for Cost of Medical Records; Declaration of Counsel; Exhibit A; ORDER by Mag Judge Barry M. Kurren (gs) |
|
|
| 2003-06-05 |
205 |
0 |
Notice of Hearing |
NOTICE - The Sentencing to Count 1 of the Superseding Indictment as to Manuel Lopes, aka "Manny Lopes" is continued from 7/7/03 to October 20, 2003 @ 1:30 p.m. before the Honorable Helen Gillmor (gs) |
|
|
| 2003-06-09 |
206 |
0 |
Order |
ORDER Granting Ex-Parte Motion to Exonerate Bail by Mag Judge Barry M. Kurren re [131-1] as to Deft Manuel Lopes (gs) |
|
|
| 2003-07-09 |
219 |
0 |
Notice of Hearing |
NOTICE - The sentencing to Count 1 of the Superseding Indictment as to Lindsay Duzon is continued from August 11, 2003 to October 6, 2003 @ 10:30 a.m. before the Honorable Helen Gillmor (gs) |
|
|
| 2003-07-09 |
220 |
0 |
Order |
ORDER of Detention Pending Sentencing by Mag Judge Leslie E. Kobayashi re [216-1] as to Deft Manuel Lopes (gs) |
|
|
| 2003-07-21 |
222 |
0 |
Minutes - Miscellaneous |
EO: MINUTES: Final pretrial Conference set for 7/21/03 10:00 a.m. is continued to 7/24/03 10:00 a.m. before LEK for Chris Takeuchi by Judge Kobayashi (gs) |
|
|
| 2003-07-21 |
223 |
0 |
Notice of Hearing |
NOTICE - Motion for withdrawal of Not Guilty Plea and to Plead Anew set for 1:30 7/31/03, BMK for Herbert Kealoha (gs) |
|
|
| 2003-07-21 |
224 |
0 |
Notice of Hearing |
NOTICE - Motion for withdrawal of not guilty plea and to plead anew set for 3:30 7/28/03 for Mary Gomez before Judge Kurren (gs) |
|
|
| 2003-07-24 |
225 |
0 |
Minutes - Miscellaneous |
EO: MINUTES: continued: [Final pretrial conference] from 7/24/03 10:00 a.m. to 7/25/03 3:00 p.m. before LEK for Chris Takeuchi by Judge Kobayashi (gs) |
|
|
| 2003-07-25 |
226 |
0 |
Minutes - Miscellaneous |
EO: MINUTES: Final Pretrial Conference set for 7/25/03 3:00 p.m. before LEK is vacated; COP to be scheduled re [225-2] by Judge Kobayashi (gs) |
|
|
| 2003-07-25 |
227 |
0 |
Notice of Hearing |
NOTICE - The hearing on Motion for withdrawal of Not Guilty Plea and to Plead Anew is set for August 18, 2003 @ 10:30 a.m. before the Honorable Helen Gillmor; The hearing on Motion to suppress statements set for August 12, 2003 is vacated. Mr. Wurdeman will submit a withdrawal of the motion on Monday, July 28, 2003 [221-1] ; withdrawal of not guilty plea set for 10:30 8/18/03 for Chris Takeuchi (gs) |
|
|
| 2003-07-29 |
234 |
0 |
Notice of Hearing |
NOTICE - Motion to withdraw not guilty plea and to plead anew as to Herbert Kealoha is continued from 7/31/03 to 8/1/03 @ 4:00 p.m. before Judge Kurren (gs) |
|
|
| 2003-08-01 |
235 |
0 |
Sentencing Memorandum |
Government's SENTENCING Statement as to John Steve Toledo (gs) |
|
|
| 2003-08-06 |
241 |
0 |
Notice of Hearing |
NOTICE - The hearing on Motion for withdrawal of Not Guilty Plea and to Plead Anew is continued from 10:30 a.m. to 11:00 a.m. on August 18, 2003 before the Honorable Kevin S.C. Chang for Chris Takeuchi (gs) |
|
|
| 2003-08-07 |
242 |
0 |
Stipulation and Order |
STIPULATION and order Extending Time for filing of defendant John Steve Toledo's Sentencing Statement by Judge Helen Gillmor (gs) |
|
|
| 2003-08-14 |
244 |
0 |
Order |
Acceptance of Plea of Guilty, Adjudication of Guilt and Notice of Sentencing by Judge Helen Gillmor [233-1] (gs) |
|
|
| 2003-08-18 |
249 |
0 |
Sentencing Memorandum |
SENTENCING Statement of John Steve Toledo; Exhibits A-H; Declaration of John S. Edmunds; and Certificate of Service (gs) |
|
|
| 2003-08-19 |
250 |
0 |
Order |
ORDER Correcting Spelling of Defendant's Name by Mag Judge Kevin S. Chang Deft's Chris Takeuchi's name is amended and corrected to reflet "Criss" Takeuchi in the case caption (gs) |
|
|
| 2003-08-22 |
252 |
0 |
Order |
Acceptance of Plea of Guilty, Adjudication of guilt and notice of sentencing by Judge Helen Gillmor as to Deft Herbert Kealoha [240-1] (gs) |
|
|
| 2003-08-29 |
254 |
0 |
Notice of Hearing |
NOTICE - The sentencing to Counts 1 and 4 of the Superseding Indictment as to John Steve Toledo is continued from September 8, 2003 to February 23, 2004 @ 3:00 p.m. before the Honorable Helen Gillmor for John Steve Toledo (gs) |
|
|
| 2003-09-09 |
256 |
0 |
Order |
ORDER Denying Defendant's Motion to Reconsider Order Detaining Defendant Lopes Pending Sentence by Mag Judge Kevin S. Chang re [253-1] (sealed) |
|
|
| 2003-09-09 |
257 |
0 |
Notice of Hearing |
NOTICE - The sentencing to Count 1 of the Indictment as to Mike DeGuair is continued from September 15, 2003 to November 17, 2003 @ 3:45 p.m. before the Honorable Helen Gillmor (sealed) |
|
|
| 2003-10-03 |
262 |
0 |
Response/Reply - Miscellaneous |
Government's REPLY to Defendant Duzon's Request(s) for Downward Sentencing Departure on Grounds of Diminished Mental Capacity and/or Post-Offense Rehabilitation [260-1] [SEALED] (gs) |
|
|
| 2003-10-20 |
267 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: SENTENCING TO COUNT 1 OF THE SUPERSEDING INDICTMENT AS TO (02) MANUEL LOPES, aka "Manny Lopes" - GOVERNMENT'S MOTION FOR 5K1.1 DOWNWARD DEPARTURE AND SENTENCING RECOMMENDATION The defendant is not present. Mr. Gronna apprised the Court that the defendant is in the hospital and will possibly be discharged on October 22, 2003. The sentencing is continued to November 10, 2003 @ 11:15 a.m. If a vacancy on the calender becomes available, the sentencing may be advanced. hearing set for 11:15 11/10/03 for Manuel Lopes ; John Steve Toledo, USA Attorney Louis A. Bracco, Richard D. Gronna present ( Ct Rptr: Debra by Judge Gillmor (gs) |
|
|
| 2003-11-17 |
273 |
0 |
Stipulation and Order |
STIPULATION AND ORDER permitting defendant to self surrender at designated correctional facility to begin service of sentence by Judge Helen Gillmor - filed by deft - [deft Lindsay Duzon may self surrender to begin service of his sentence of imprisonment at FPC Nellis, Nevada; deft must appear in person at FPC Nellis, Nevada no later than November 18, 2003 at 1:00 p.m.) (afc) |
|
|
| 2003-11-21 |
275 |
0 |
Order |
Ex Parte Motion to Exonerate Bail; Memorandum of Law; Declaration of counsel; ORDER Granting Ex Parte Motion to Exonerate Bail by Judge Helen Gillmor as to Deft Manuel Lopes, Jr., (gs) |
|
|
| 2004-01-08 |
287 |
0 |
Miscellaneous Document |
Release of MORTGAGE as to Deft Manuel Lopes (gs) |
|
|
| 2004-01-13 |
290 |
0 |
Miscellaneous Document |
FINDINGS and RECOMMENDATIONS on CJA Compensation Claim as to Richard Gronna for deft Manuel Lopes 02 by Mag Judge Barry M. Kurren (eps) |
|
|
| 2004-01-13 |
291 |
0 |
Miscellaneous Document |
FINDINGS and RECOMMENDATIONS on CJA Compensation Claim Rustam Barbee, Esq. as to deft. Lindsey Duzon - $2,769.90 by Mag Judge Barry M. Kurren (gab) |
|
|
| 2004-01-28 |
293 |
0 |
Notice of Hearing |
NOTICE - The sentencing to Count 1 of the Superseding Indictment as to Deft Criss Takeuchi is continued from February 2, 2004 to March 22, 2004 @ 3:45 p.m. before the Honorable Helen Gillmor (gs) |
|
|
| 2004-02-12 |
297 |
0 |
Response/Reply - Miscellaneous |
Government's REPLY to Defendant Gomez's Motion for Downward Departure; Certificate of Service regarding [295-1] [SEALED] (gs) |
|
|
| 2004-02-13 |
298 |
0 |
Motion for Miscellaneous Relief |
Government's MOTION for 5K1.1 downward departure and Sentencing Recommendation as to John Steve Toledo (sealed) |
|
|
| 2004-02-13 |
299 |
0 |
Response/Reply - Miscellaneous |
Government's REPLY to Defendant Kealoha's Motion for Downward Sentencing Departure/Adjustment(s); Certificate of Service regarding [296-1][SEALED] (gs) |
|
|
| 2004-02-17 |
300 |
0 |
Notice of Hearing |
NOTICE - The sentencing to Count 1 of the Indictment/Defendant's Motion for Downward Departure and for further adjustment of Defendant's Role in the Offense Under USSG 3B1.2 as to Herber Kealoha is continued from today to February 19, 2004 @ 10:00 a.m. before the Honorable Helen Gillmor (gs) |
|
|
| 2004-02-20 |
305 |
0 |
|
DECLARATION of Joy S. Omonaka; Exhibits A-B; and Certificate of Service as to defendant John Steve Toledo (gs) |
|
|
| 2004-02-23 |
306 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: [298-1] SENTENCING TO COUNTS 1 AND 6 OF THE SUPERSEDING INDICTMENT as to (01) JOHN STEVE TOLEDO, aka Steve Toledo" - GOVERNMENT'S MOTION FOR 5K1.1 DOWNWARD DEPARTURE AND SENTENCING RECOMMENDATION- DEFENDANT'S MOTION FOR DOWNWARD DEPARTURE - The defendant is present in custody. The Memorandum of Plea Agreement is accepted. The GOVERNMENT'S MOTION FOR 5K1.1 DOWNWARD DEPARTURE AND SENTENCING RECOMMENDATIONS is GRANTED. The DEFENDANT'S MOTION FOR DOWNWARD DEPARTURE is DENIED. Allocution by the defendant; ADJUDGED: Impr of 85 mos as to each of Counts 1 and 6, with both terms to run concurrently. SUPERVISED RELEASE: 5 yrs as to Count 1 and 3 yrs as to Count 6, with both terms t run concurrently, and 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 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 participate in a substance abuse program, which may include drug testing at the discretion and direction of the Probation Office. 7.That the defendant is prohibited from possessing any illegal or dangerous weapons. 8.That the defendant is prohibited from possessing any drug paraphernalia, to include prohibited flasks, equipment, chemical, product or material, used to manufacture controlled substances. 9.That the fine of $20,000 is due immediately and any remaining balance upon release from confinement be paid during the period of supervision on an installment basis according to the collection policy of the Probation Office but at a rate of not less than 10 percent of his monthly gross income. Interest is waived while the defendant is serving his term of imprisonment and shall commence to accrue on any remaining balance upon his release on supervision. 10.That the defendant provide the Probation Office and the Financial Litigation Unit of the U.S. Attorney's Office access to any requested financial information to include submitting to periodic debtor's examinations as directed by the Probation Office. 11.That the defendant shall submit his person, residence, place of employment, or vehicle to a search conducted by the U.S. Probation Office at a reasonable time and in a reasonable manner, based upon reasonable suspicion of contraband or evidence of a violation of a condition of supervision. Failure to submit to a search may be grounds for revocation. The defendant shall warn any other resident that the premises may be subject to search pursuant to this condition. Special assessment: $200. Advised of rights to appeal the sentences, etc. RECOMMENDATIONS: Lompoc, CA, or in the alternative, Nellis AFB, NV. That the defendant participate in drug treatment, educational and vocational training programs Motion to dismiss Counts 2 and 3 of the Superseding Indictment is Granted; terminating party John Steve Toledo ; John Steve Toledo, USA Attorney Louis A. Bracco, John S. Edmunds, USPO Ellie Asasaki present (Ct Rptr: Stephen Platt) by Judge Gillmor (gs) |
|
|
| 2004-03-01 |
308 |
0 |
Judgment |
JUDGMENT and Commitment as to John Steve Toledo by Judge Helen Gillmor (cc: all counsel) (gab) Additional attachment(s) added on 12/13/2006 (tbf, ). |
2010-02-14 13:48:46 |
cf276c7a30ff4400cc0340259fefcad7947ab23d |
| 2004-03-01 |
310 |
0 |
Stipulation and Order |
STIPULATION and order by Judge Helen Gillmor Allowing Travel by Defendant Herbert Kealoha from 3/18/04 to San Diego, CA and to self surrender as ordered on 4/1/04 (gab) |
|
|
| 2004-03-09 |
314 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on ; sentencing to Count 1 of the Superseding Indictment is continued from 3/22/04 to 1:30 4/12/04 for Criss Takeuchi before Judge Helen Gillmor (gab) |
|
|
| 2004-03-10 |
315 |
0 |
Notice of Appeal - Final Judgment |
NOTICE OF APPEAL to 9CCA by defendant John Steve Toledo regarding [308-1] fees paid (gab) |
|
|
| 2004-03-10 |
316 |
0 |
Appeal - Miscellaneous |
ORDER FOR TIME SCHEDULE as to deft. John Steve Toledo (01) 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 (gab) |
|
|
| 2004-03-18 |
319 |
0 |
Presentence Investigation Report |
PRESENTENCE Report on John Steve Toledo (original sealed and held in probation office). (fe) |
|
|
| 2004-03-18 |
320 |
0 |
Sentencing Memorandum |
SENTENCING RECOMMENDATION as to John Steve Toledo (original sealed and held in probation office) (fe) |
|
|
| 2004-04-26 |
327 |
0 |
Judgment Returned Executed |
JUDGMENT and Commitment returned executed on 4/13/04 as to John Steve Toledo (1) count(s) 1s, 6s to USP Lompoc, CA (gs) |
|
|
| 2004-05-10 |
328 |
0 |
Designation of Record on Appeal |
APPEAL Transcript Designation and Order form Stephen Platt for the dates of 2/23/04 regarding [315-1] (gs) |
|
|
| 2004-06-21 |
332 |
0 |
Designation of Record on Appeal |
APPEAL Transcript Designation and Order form [USA vs. John Steven Toledo (01)] - Hearing date/Rptr: (1) 05/01/02/Tape C6; (2) 05/06/02/Tape C6; (3) 09/06/02/Tape C6; (4) 03/07/03/Tape C6; & (5) 02/23/04/Stephen Platt [315-1] (afc) |
|
|
| 2004-06-21 |
333 |
0 |
Miscellaneous Document |
FINDINGS and RECOMMENDATIONS on CJA Compensation Claim by Mag Judge Barry M. Kurren - court recommends total payment of $4,927.00 for Alvin Nishimura, Esq., counsel for defendant (07) MARY GOMEZ (afc) |
|
|
| 2004-07-21 |
336 |
0 |
CJA 24 - Authorization to Pay |
CJA FORM 24 (Authorization and Voucher for Transcript Payment) for Stephen Platt Voucher # 040721000024 in the amount of $23.24 ( 2/23/04) for John Steve Toledo by Gillmor (gs) |
|
|
| 2004-08-25 |
337 |
0 |
Appeal Record Sent to USCA |
APPEAL Certificate of Record Transmitted to 9CCA regarding [315-1] (cc: Georgia K. McMillen, Esq.; AUSA Louis A. Bracco, Esq.) all counsel) (afc) |
|
|
| 2004-09-09 |
338 |
0 |
CJA 24 - Authorization to Pay |
CJA FORM 24 (Authorization and Voucher for Transcript Payment) for transcriber Jessica B. Cahill; Voucher # 040909000039 in the of $231.93 (05/01/02, 05/06/02, 09/06/02, 03/07/03) for John Steve Toledo by Judge Helen Gillmor (afc) |
|
|
| 2004-09-14 |
339 |
0 |
Miscellaneous Document |
FINDINGS and RECOMMENDATIONS on CJA Compensation Claim as to Richard Wurdeman, Esq. for deft Criss Takeuchi aka Chris Cross by Mag Judge Barry M. Kurren (eps) |
|
|
| 2005-03-07 |
342 |
0 |
Notice (Other) |
CLERK's NOTICE of post-judgment garnishment and instructions to defendant - judgment debtor; request for hearing form; notice to defendant-judgment debtor on how to claim exemptions; claim for exemption form - on behalf of USA as to John Steven Toledo (eps) Modified on 03/08/2005 |
|
|
| 2005-03-07 |
343 |
0 |
Miscellaneous Document |
APPLICATION for writ of continuing garnishment by USA as to John Steve Toledo: garnishee: State of Hawaii, Dept of Budget and Finance; unclaimed property program (eps) |
|
|
| 2005-03-07 |
344 |
0 |
Writ Issued |
WRIT of continuing garnishment; instructions to the garnishee; answer of the garnishee form - as to John Steven Toledo: garnishee: State of Hawaii; Dept of Budget and Finance; unclaimed property program (eps) |
|
|
| 2005-03-17 |
345 |
0 |
Response/Reply - Miscellaneous |
ANSWER of the garnishee form [344-1] by the Director of Finance as to John Steve Toledo 01 (eps) |
|
|
| 2005-04-05 |
346 |
0 |
Appeal Record Sent to USCA |
Original Record transmitted Fed Exp to Clerk, 9CCA as to John Toledo (01) (eps) |
|
|
| 2005-08-12 |
347 |
0 |
Order |
Garnishee ORDER; certificate of service of documents on defendant-judgment debtor and garnishee by Mag Judge Kevin S. Chang re [344-1] (State of HI, Dept of Budget and Finance Unclaimed Property Program-Garnishee) as to Defendant John Steve Toledo (bbb) |
|
|
| 2005-11-21 |
348 |
0 |
USCA Judgment |
APPEAL Judgment from 9CCA dismissing the appeal [315-1] filed and entered: 10/27/05 Attest date: 11/18/05 (cc: all counsel, USPO, USM, Judge, Mag Judge, CRD): dismiss in light of the valid appeal waiver (ecs) |
|
|
| 2006-04-19 |
350 |
0 |
Appeal Record Returned |
District Court Record Return Form, USCA -Appeal Records Returned as to John Steve Toledo: [315] Notice of Appeal - Final Judgment [Received 4/18/06] (ecs, ) |
2010-02-14 13:48:48 |
57d59c2ff1d46ce61ab2d31fb3870ce8cc0e00e2 |