Case details

Court: hid
Docket #: 1:02-cr-00242
Case Name: USA v. Yonezawa
PACER case #: 8800
Date filed: 2002-06-10
Date terminated: 2002-12-30
Date of last filing: 2006-07-26

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2002-06-10 1 0 Indictment EP: INDICTMENT by USA Counts filed against Darryl Yonezawa (1) count(s) 1; PS ordered ( Laura Sevo ) by Mag Judge Leslie E. Kobayashi (lmg) Additional attachment(s) added on 4/5/2006 (bbb, ). 2010-02-15 09:14:36 8724d1db7fa9fdd9a707d2603a8555e0c8e61625
2002-06-14 2 0 Summons Issued PS issued as to Darryl Yonezawa ; A&P set for 10:00 6/21/02 for Darryl Yonezawa before Mag Judge Barry M. Kurren (lmg)
2002-06-21 3 0 Summons Returned Executed PS executed via certified mail on 6/19/02 as to Darryl Yonezawa (sealed)
2002-06-21 4 0 Minutes - Miscellaneous EP: Initial Appearance and A & P to Indictment - deft present. Arrn waived. Plea of NOT GUILTY entered. Dates given: JS/JT 8-20-02 @ 9 a.m., SOM. Final Pretrial Conference 7-29-02 @ 10 a.m., KSC. Motions due 7-12-02. Response due 7-26-02. Bail set at: (7a) Execute a bond in the amount of $25,000.00 unsecured bond. (7b) Comply with pretrial services supervision, and abide by all general and special conditions of release as directed by Pretrial Services. (7g) Surrender any passport and all travel documents to the U.S. District Clerk's Office. Do not apply for/obtain a passport. Surrender no later than: close of business on 6-24-02. (Deft may be released today.) (7h) Travel is restricted to: the State of Hawaii. Inter-island and mainland travel must be approved in advance by Pretrial Services. Other conditions: Do not view, peruse, possess, receive, or have access to any child pornography or erotica, sexually explicit or sexually oriented material depicting persons under the age of 18 - including, but not limited to books, magazines, photos, videos, or electronic (internet) format. Prohibited from internet use. INITIAL APPEARANCE of Darryl Yonezawa ; , arraignment held on 6/21/02 , , dft Darryl Yonezawa arraignment waived; plea of Not Guilty entered; Attorney present; , ; jury trial set for 9:00 8/20/02, SOM for Darryl Yonezawa ; final pretrial conf set for 10:00 7/29/02, KSC for Darryl Yonezawa , $25,000.00 unsecured bond Bond set for Darryl Yonezawa , ; Darryl Yonezawa, USA Attorney K.K. Luke, Lawrence L. Tong present ( Ct Rptr: C6 tape 1251) by Mag Judge Barry M. Kurren (sealed)
2002-06-24 5 0 Receipt for Passport NOTICE and Receipt of expired Passport - 120179759 Passport Number (placed in vault) by defendant Darryl Yonezawa (lmg)
2002-06-25 6 0 Detention - Miscellaneous APPEARANCE BOND ($25,000.00 unsecured) posted by Darryl Yonezawa signed by Mag Judge Barry M. Kurren (sealed)
2002-06-25 7 0 ORDER Setting Conditions of Release for Darryl Yonezawa ( $25,000.00 unsecured posted ) by Mag Judge Barry M. Kurren (sealed)
2002-07-12 8 0 Motion to Continue Notice of Motion and MOTION to continue trial date and pretrial motions deadline by defendant Darryl Yonezawa ; declaration of counsel; certificate of service - Motion hearing set for 10:00 07/29/02 before Mag Judge Kevin S. Chang (sealed)
2002-07-26 9 0 Notice of Hearing NOTICE of hearing setting hearing on ; jury trial set for 9:00 9/24/02 SOM for Darryl Yonezawa , ; pretrial conference set for 10:00 8/26/02 KSC for Darryl Yonezawa ; motions 8/12/02; response 8/26/02; notified: Lawrence Tong AUSA and Howard Luke; Mr. Tong to prepare the stipulation to continue and to excluded time; defendant's motion to continue trial date and pretrial motions deadline set for 7/29/02 at 10:00 a.m. KSC is withdrawn by the defendant and taken off calendar; withdrawing motion to continue trial date and pretrial motions deadline by defendant Darryl Yonezawa [8-1] (lmg)
2002-08-05 10 0 Stipulation and Order STIPULATION continuing trial and excluding time; order by Judge Susan O. Mollway ; jury trial set for 9:00 9/24/02 before Judge Susan O. Mollway for Darryl Yonezawa , ; pretrial conference set for 10:00 8/26/02 before Mag Judge Barry M. Kurren for Darryl Yonezawa ; deft's motions shall be filed by 08/12/02, govt reponses by 08/26/02; the time from 08/20/02 to 09/24/02 should be deemed exludable time within the meaning of the Speedy Trial Act, 18 USC 3161 et seq. (lmg)
2002-08-26 11 0 Notice of Hearing NOTICE of hearing setting hearing on ; withdrawal of not guilty plea and to plead anew set for 11:15 9/9/02 for Darryl Yonezawa before Judge Susan Oki Mollway (gab)
2002-08-26 12 0 Minutes - Miscellaneous EP: MINUTES: final pretrial conference not held on 8/26/02 Defense atty Howard Luke not present. Tong to contact Luke and reset Final Pretrial Conference. ; Darryl Yonezawa Attorney Lawrence L. Tong present ( Ct Rptr: C6 Tape 1276) by Judge Barry M. Kurren (gab)
2002-09-09 13 0 Minutes - Miscellaneous EP: MINUTES: Motion to Withdraw Not Guilty Plea and to Plead Anew - Defendant Darryl Yonezawa present. Defendant sworn. Questioned. Memorandum of plea agreement filed, acceptance deferred until after review of the presentence report. Defendant advised of his rights, including his right to trial by jury, etc. Guilty plea entered as to Count 1 of the Indictment. Court accepts the guilty plea and the defendant is adjudged guilty. Referred for presentence investigation and report, and sentencing is set for 12/30/02 @ 1:30 p.m. SOM. Court determines by clear and convincing evidence that the defendant is not a danger to the community nor a flight risk. Defendant to remain out on bail with the same conditions to apply. Government's oral motion to unseal the search warrant and affidavit in Mag No. 01-0030BMK - Granted. Darryl Yonezawa, James Tamura-Wageman (FBI), Rich Bratt (Customs), Attorney Lawrence L. Tong, Howard K.K. Luke present ( Ct Rptr: Chun) by Judge Susan Oki Mollway (gab)
2002-09-09 14 0 Plea Agreement MEMORANDUM of Plea Agreement as to Darryl Yonezawa (gab)
2002-12-02 15 0 Sentencing Memorandum USA SENTENCING Statement; certificate of service - as to Darryl Yonezawa (eps)
2002-12-05 16 0 Sentencing Memorandum Defendant Darryl Yonezawa SENTENCING Statement; certificate of service - as to Darryl Yonezawa (eps)
2002-12-16 17 0 Motion for Miscellaneous Relief Notice of Motion and MOTION for downward departure by defendant Darryl Yonezawa memorandum in support of motion; exhibit A; certificate of service; Motion hearing set for 12/30/02 @ 1:30 p.m. (SOM) (sealed)
2002-12-23 18 0 Motion for Miscellaneous Relief SUPPLEMENT to defendant's MOTION for downward departure filed on December 16, 2002; declaration of counsel; certificat of service (bbb)
2002-12-30 19 0 Minutes - Miscellaneous EP: MINUTES: Sentencing as to Count 1 of the Indictment; Defendant's Motion for Downward Departure - Defendant Darryl Yonezawa present. The Memorandum of Plea Agreement has been accepted. Paula Yonezawa addressed the Court. Allocution by the defendant. Defendant's Motion for Downward Departure - Granted. sentencing hearing held on 12/30/02 , sentencing Darryl Yonezawa (1) count(s) 1. ADJUDGED: Imprisonment: 6 Months. Supervised Release: 3 Years. CONDITIONS: That the defendant shall abide by the standard conditions of supervision. That the defendant not commit any crimes, federal, state, or local (mandatory condition). That the defendant not possess illegal controlled substances (mandatory condition) That the defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of release imprisonment and at least two drug tests thereafter, as directed by the Probation Office (mandatory condition). mandatory condition is WAIVED. That the defendant is prohibited from possessing a firearm as defined in 18 921. That the defendant serve 4 months of home detention with electronic monitoring as arranged by the Probation Office. During this time, the defendant shall remain at his place of residence except for work and church functions and shall not leave his residence without the approval of the Probation Office. The defendant shall wear an electronic monitoring device and follow electronic monitoring procedures pursuant to the Participant's Agreement and earn leave as determined by the Probation Office. The defendant also will be responsible for the payment of the electronic monitoring costs as directed by the Probation Office. That the fine of $10,000.00 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, if applicable, is waived while the defendant is serving his term of imprisonment and shall commence to accrue on any remaining balance upon his on supervision. 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. That the defendant shall submit his person, residence, place of employment, vehicle, computer, computer disks, and other electronic storage media 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. The defendant shall also submit to periodic unannounced examinations of his computer and computer accessories as well as provide access to his internet service provider account records, as directed by the Probation Office. Failure to submit to a search may be grounds for The defendant shall warn any other resident that the premises may be subject to search pursuant to this condition. >That the defendant is prohibited from or accessing any computer or computer network that can, or has had, access to the Internet, and shall not frequent places where the Internet is available for public use without the prior approval of the Probation Office. >That the defendant is prohibited from possessing and accessing any computer hardware and software or any other electronic device, including WebTV, that facilitates access to electronic mail (e-mail), web browsers, and Internet services without the prior approval of the Probation The defendant shall participate in sex offender assessment and treatment and abide by the policies and procedures of the program, which may include the plethysmograph, polygraph, and other types of testing, as approved by the Probation Office. The defendant shall not view, purchase, possess or distribute any sexually explicit material depicting sexually explicit conduct as defined in 18 U.S.C. Section 2256(2), unless approved for treatment purposes, or frequent any place where such material or entertainment is available. The defendant may change his residence only with the advance approval of the Probation Office. >That the defendant shall cooperate in the collection of DNA as directed by the probation officer. That the defendant register with the state sex offender registration agency in any state where the defendant resides, is employed, carries on a vocation, or is a student, as directed by the Office. Mittimus is stayed until 1/27/03. Defendant to self-surrender on 1/27/03 @ 10:00 a.m. at the USM in Honolulu. Defendant to remain out on bail with the same conditions; FINE: $10,000.00; Special assessment: $100.00; JUDICIAL RECOMMENDATIONS: 1) Sheridan; 2) Nellis. , case terminated ; Darryl Yonezawa Attorney Howard K.K. Luke, AUSA Lawrence L. Tong present ( Ct Rptr: Debra Chun) by Judge Mollway (lmg)
2003-01-10 20 0 Judgment JUDGMENT and Commitment as to Darryl Yonezawa by Judge Susan O. Mollway (cc: all counsel) (lmg)
2003-01-17 21 0 Presentence Investigation Report PRESENTENCE Report on Darryl Yonezawa (original sealed and held in probation office). (fe)
2003-01-17 22 0 Sentencing Memorandum SENTENCING RECOMMENDATION as to Darryl Yonezawa (original sealed and held in probation office) (fe)
2003-02-13 23 0 Judgment Returned Executed JUDGMENT and Commitment returned executed on 1/27/03 as to Darryl Yonezawa (1) count(s) 1 to Federal Detention Cntr - HI (lmg)
2003-07-25 24 0 Receipt for Passport NOTICE and Receipt of Passport - 120179759 Passport Number RETURNED to defendant Darryl Yonezawa (lmg)
2006-07-26 25 0 Prob 34-Termination of Supervised Release/Probation PROBATION FORM 34-Termination of Supervised Release/Probation as to Darryl Yonezawa . Signed by Judge SUSAN OKI MOLLWAY on 7/24/06. (eps ) 2010-02-15 09:14:37 5358c19b90294a81889889dae7451c1f6bb21608