| Date Filed |
Document # |
Attachment # |
Short Description |
Long Description |
Upload date |
SHA1 hash |
| 2002-09-12 |
1 |
0 |
Indictment |
EP: INDICTMENT by USA Counts filed against James C. Kupukaa (1) count(s) 1; BW ordered ( Wendy Char ) by Mag Judge Leslie E. Kobayashi (lmg) |
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| 2002-09-12 |
2 |
0 |
Warrant Issued |
ARREST Warrant issued for James C. Kupukaa bail set for No Bail (lmg) |
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| 2002-09-16 |
3 |
0 |
Motion for Miscellaneous Relief |
MOTION to detain without bail by USA as to James C. Kupukaa (sealed) |
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| 2003-04-21 |
4 |
0 |
Financial Affidavit - CJA23 |
FINANCIAL Affidavit as to James C. Kupukaa (sealed) |
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| 2003-04-21 |
5 |
0 |
Minutes - Miscellaneous |
EP: Initial Appearance; A & P as to the Indictment - Defendant present in custody. Defendant sworn to Financial Affidavit. Request for Court Appointed Attorney - Granted. AFPD William M. Domingo and the Office of the Public Defender Apptd Atty. Charges received. Defendant waives public reading of the Indictment. Plea of Not Guilty entered. Jury Selection/Trial set for 9:00 6/17/03, SOM Final Pretrial Conference set for 10:00 5/19/03, KSC Defendant's Motions due 5/5/03 Government's Response due 5/19/03 Motion to Detain filed. Detention Hearing set for 10:00 4/24/03, LEK. Defendant remanded to the custody of the US Marshal. , dft James C. Kupukaa arraignment waived; plea of Not Guilty entered; Attorney William M. Domingo present; , ; jury trial set for 9:00 6/17/03 SOM for James C. Kupukaa ; final pretrial conf set for 10:00 KSC for James C. Kupukaa , ; detention hearing set for 10:00 4/24/03 LEK for James C. Kupukaa , motion [3-1] ; James C. Kupukaa, USA Wes Porter, Attorney William M. Domingo, present ( Ct Rptr: Courtroom 6-Tape 1380) by Judge Leslie E. Kobayashi (sealed) |
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| 2003-04-22 |
6 |
0 |
Order of Detention |
ORDER of Temporary Detention Pending Hearing Pursuant to Bail Reform Act as to James C. Kupukaa by Mag Judge Leslie E. Kobayashi - detention hearing is set for 04/24/03 10:00 a.m. (lmg) |
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| 2003-04-22 |
7 |
0 |
Warrant Returned Executed |
ARREST Warrant returned executed as to James C. Kupukaa on 4/21/03 (lmg) |
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| 2003-04-24 |
8 |
0 |
Miscellaneous Document |
Government's discovery statement and Notice of Compliance with Local Rule CRIMLR 16.1(a); Certificate of Service (lmg) |
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| 2003-04-24 |
9 |
0 |
Minutes - Miscellaneous |
EP: Detention Hearing - Defendant present in custody. No objections to the USPTS Report. Parties submit. Motion to Detain Denied. Court Orders that the Defendant be released on an unsecured bond in the amount of $ 10,000 under the following conditions: The defendant is placed in the Third Party Custodianship of: Wife, Joy Kupakaa, Defendant to reside with wife/third party custodian. (7b) Comply with pretrial services supervision, and abide by all conditions of release as directed by Pretrial Services. (7g2) Do not apply for/obtain a passport. (7h1) 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. (7s2) You are prohibited from possessing, or having access to any firearm, ammunition, destructive device, or other dangerous weapon. Immediately surrender all firearms, ammunition, destructive devices, and other dangerous weapons to an agent approved 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. In addition to the Special Conditions of Release as specified above, you are subject to the following conditions: You shall not commit any offense in violation of federal, state, or local law while on release in this case. You shall appear at all proceedings as required and shall surrender for service of any sentence imposed as directed. Defendant remanded to the custody of the US Marshal for processing. detention hearing held on 4/24/03 , , $10,000.00 unsecured Bond set for James C. Kupukaa denying motion to detain as to James C. Kupukaa [3-1] ; James C. Kupukaa Attorney William M. Domingo, AUSA William M. Domingo present ( Ct Rptr: Courtroom 6-Tape 1386) by Mag Judge Leslie E. Kobayashi (lmg) |
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| 2003-04-25 |
10 |
0 |
Detention - Miscellaneous |
APPEARANCE BOND ( $10,000.00 unsecured) posted by James C. Kupukaa signed by Judge Leslie E. Kobayashi (lmg) |
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| 2003-04-25 |
11 |
0 |
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ORDER Setting Conditions of Release for James C. Kupukaa ( $10,000.00 unsecured posted ) by Mag Judge Leslie E. Kobayashi (lmg) |
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| 2003-05-13 |
12 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on jury selection/trial set for 6/17/03 @ 9:00 a.m. SOM is continued to 8/26/03 @ 9:00 a.m. SOM; final trial conference set for 5/19/03 @ 10:00 a.m. KSC is continued to 7/28/03 @ 10:00 a.m. LEK; motions 7/14/03; response 7/28/02; notified: Wes Porter AUSA and Michael Weight AFPD thru Mr. Porter; Mr. Porter to prepare the stipulation to continued and exclude time; ; jury selection/trial set for 9:00 8/26/03 SOM for James C. Kupukaa ; pretrial conference set for 10:00 7/28/03 LEK for James C. Kupukaa (lmg) |
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| 2003-05-16 |
13 |
0 |
Stipulation and Order |
STIPULATION and order continuing trial and to exclude time by Judge Susan O. Mollway ; jury trial set for 9:00 8/26/03 for James C. Kupukaa ; pretrial conference set for 10:00 7/28/03 for James C. Kupukaa , time excluded between 06/17/03 thru 08/26/03 (bbb) |
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| 2003-07-21 |
14 |
0 |
Notice of Hearing |
NOTICE of hearing - Jury Selection/Trial set for 08/26/03 at 9:00 a.m. SOM is continued to 9:00 9/30/03 SOM for James C. Kupukaa; Final pretrial conference set for 07/28/03 at 10:00 a.m. LEK is continued to 10:00 9/2/03 BMK for James C. Kupukaa ; motions: 08/18/03; response: 09/02/03; notified Wes Porter AUSA and William Domingo AFPD; Mr. Porter to prepare the stipulation to continue and to exclude time (afc) |
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| 2003-07-23 |
15 |
0 |
Stipulation and Order |
STIPULATION and order continuing trial and to exclude time by Mag Judge Barry M. Kurren - ; jury trial set for 9:00 9/30/03 before Judge Susan Oki Mollway for James C. Kupukaa , ; final pretrial conference set for 10:00 9/2/03 before Magistrate Judge Barry M. Kurren for James C. Kupukaa , the time period beginning and including 08/23/03, to and including 09/30/03 be excluded from the computations required by the Speedy Trial Act, 18 U.S.C. 3161(h)(8)(B)(iv) (lmg) |
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| 2003-09-02 |
16 |
0 |
Minutes - Miscellaneous |
EO: MINUTES: Final Pretrial Conference set for 9-2-03 not held. Parties will stipulated to new trial date and deadlines. New dates given: Jury Selection/Trial to Follow continued from 09/30/2003 09:00:00 AM to 11/18/2003 09:00:00 AM, SOM. Final Pretrial Conference continued from 09/02/2003 10:00:00 AM to 10/20/2003 10:00:00 AM, LEK. Motions due 9-23-03. Response due 10-7-03. Porter to prepare stipulation excluding time from 9-30-03 thru 11-18-03. {jury trial set for 9:00 11/18/03 for James C. Kupukaa ; final pretrial conf set for 10:00 10/20/03 for James C. Kupukaa} by Judge Barry M. Kurren (afc) |
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| 2003-09-05 |
17 |
0 |
Stipulation and Order |
STIPULATION and order continuing trial and to exclude time by Judge Susan O. Mollway ; jury trial set for 9:00 11/18/03 for James C. Kupukaa ; pretrial conference set for 10:00 10/20/03 for James C. Kupukaa , time excluded between 09/23/03 thru 11/18/03 (bbb) |
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| 2003-10-09 |
18 |
0 |
Minutes - Miscellaneous |
EO: Continued: ;final pretrial conference from 10/20/03 10:00 AM to set for 10/27/03 10:00 AM before LEK for James C. Kupukaa (lmg) |
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| 2003-10-28 |
19 |
0 |
Notice (Other) |
Government's NOTICE of intent to introduce evidence under Federal Rule of Evidence 404(b); certificate of service (lmg) |
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| 2003-10-29 |
20 |
0 |
Miscellaneous Document |
Report of Final Pretrial Conference, Minutes and Order as to James C. Kupukaa by Mag Judge Leslie E. Kobayashi (lmg) |
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| 2003-10-29 |
21 |
0 |
Indictment |
EP: SUPERSEDING INDICTMENT by USA; naming James C. Kupukaa counts filed against James C. Kupukaa (1) count(s) 1s PS ordered ( Wendy Char) by Mag Judge Kevin S. Chang (lmg) Additional attachment(s) added on 4/6/2006 (bbb, ). |
2010-02-14 12:28:40 |
489455ea36df59613c52239792eaad5a8b622106 |
| 2003-10-29 |
22 |
0 |
Summons Issued |
PS issued as to James C. Kupukaa ; arraignment set for 10:30 11/3/03 for James C. Kupukaa before Mag Judge Kevin S. Chang (lmg) |
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| 2003-10-27 |
23 |
0 |
Minutes - Miscellaneous |
EP: CRIMINAL FINAL PRETRIAL CONFERENCE held. Defendant not present, presence waived. AFPD Michael A. Weight is assigned to this case as defense counsel. Jury Trial before Judge Susan Oki Mollway on November 18, 2003 at 9:00.a.m.. Representations by counsel on trial time: The United States: 1-2 day(s) Defendant: James C. Kupakaa - 3 day(s) Fed. R. Crim. P. 16(a) (1) (C) (E) disclosures made as to Defendants: James C. Kupukaa 1. Fed. R. Evid. 404(b) : October 28, 2003 2. a. Motions in Limine filed and served by :October 29, 2003. b. Memoranda in opposition to motions in limine filed and served by: November 3, 2003. 3. Brady and Giglio Material by: October 29, 2003 4. a. Jury Instructions exchanged by October 29, 2003. d. Filings required by 4(b) & (c) by: November 5, 2003. 5. Witness Lists per stipulation by November 12, 2003. 6. Exhibits a. Parties will exchange exhibits. b. Original exhibits tabbed and in folders/binders, copy in folders/binders. 7. Stipulations: In writing and filed by November 5, 2003. 8. Voir Dire Questions: In writing by November 5, 2003. 9. Trial Briefs: by November 5, 2003. 10. Jencks Disclosures: No agreement as to this deadline, parties to meet and confer. 11. Other Matters: A copy of the CR Final Pretrial Conference Order mailed to all parties. 12. N/A final pretrial conference held on 10/27/03 , ; jury trial set for 9:00 11/18/03 for James C. Kupukaa ; James C. Kupukaa Attorney William M. Domingo, AUSA Wes Porter present ( Ct Rptr: Courtroom 6 Tape 1479) by Judge Leslie E. Kobayashi (lmg) |
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| 2003-11-03 |
24 |
0 |
Response in Opposition |
United States' OPPOSITION to defendant Kupukaa's motion in limine #1; certificate of service (lmg) |
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| 2003-11-03 |
25 |
0 |
Motion in Limine |
Notice of MOTION; motion in limine #1 by defendant James C. Kupukaa ; declaration of counsel; certificate of service - Motion hearing set for 9:30 11/10/03 before Judge Susan Oki Mollway (lmg) |
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| 2003-11-05 |
26 |
0 |
Stipulation and Order |
STIPULATION of the parties that the subject firearm was not registered; order by Judge Susan Oki Mollway [21-1] - filed by USA (afc) |
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| 2003-11-03 |
27 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: A&P to the Superseding Indictment - defendant present, not in custody. Arraignment waived, plea of Not Guilty entered. Jury Selection/Trial: 11/18/03 at 9:00am before Judge Mollway arraignment held on 11/3/03 , dft James C. Kupukaa arraignment waived; plea of Not Guilty entered; Attorney Michael A. Weight present; , ; jury trial set for 9:00 11/18/03 for James C. Kupukaa ; James C. Kupukaa Attorney Wes Porter, Michael A. Weight present ( Ct Rptr: C5, Tape 1190) by Judge Kevin Chang (fe) |
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| 2003-11-04 |
28 |
0 |
Notice of Hearing |
NOTICE of setting hearing on motion in limine #1 by defendant James C. Kupukaa [25-1] ; motion hearing set for 9:45 11/6/03 ; final pretrial conference set for 9:45 11/6/03 for James C. Kupukaa before Judge Susan Oki Mollway (fe) |
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| 2003-11-05 |
29 |
0 |
Jury Instructions |
Joint JURY Instructions; certificate of service - on behalf plaintiff (lmg) |
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| 2003-11-06 |
30 |
0 |
Minutes - Miscellaneous |
EP: Defendant's Motion in Limine #1; Pretrial Conference - Defendant James C. Kupukaa present. Defendant's Motion in Limine #1 - Granted without prejudice. Discussion held re: the trial date set for 11/18/03 and scheduling. Jury Selection/Trial set for 11/18/03 @ 9:00 a.m. SOM is continued to 11/19/03 @ 9:00 a.m. SOM. Government to present its witnesses on 11/20/03. Parties to submit proposed verdict forms and disks, and any supplemental instructions by 11/20/03 :granting motion in limine #1 by defendant James C. Kupukaa [25-1] ; jury trial set for 1:30 11/19/03 for James C. Kupukaa ; James C. Kupukaa Attorney Michael A. Weight, AUSA Wes Porter present ( Ct Rptr: Stephen Platt) by Judge Susan Oki Mollway (lmg) |
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| 2003-11-07 |
31 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on ; jury selection/ trial set for 11/19/03 @ 1:30 p.m. SOM is rescheduled to 9:00 11/18/03 SOM for James C. Kupukaa ; notified: West Porst AUSA and Michael Weight AFPD before Judge Susan Oki Mollway (lmg) |
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| 2003-11-12 |
32 |
0 |
Witness List |
Government's WITNESS list; certificate of service (bbb) |
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| 2003-11-12 |
33 |
0 |
Miscellaneous Document |
EX PARTE APPLICATION for issuance of subpoenas, payment of witness fees, transportation costs and sealing of all papers declaration of counsel; exhibit a; proposed order by defendant James C. Kupukaa (SEALED) (bbb) Modified on 11/12/2003 |
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| 2003-11-13 |
34 |
0 |
Order |
ORDER to subpoena witnesses, pay witnesses fees and costs of transportation and sealing of all papers by Judge Susan Oki Mollway - re [33-1] behalf of defendant [SEALED] (lmg) |
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| 2003-11-17 |
35 |
0 |
Witness List |
WITNESS list by defendant Kupukaa's to date; certificate of service (lmg) |
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| 2003-11-18 |
36 |
0 |
Minutes - Miscellaneous |
EP: Jury Selection/Trial - Defendant James C. Kupukaa present. 53 Prospective Jurors present. A panel of 12 Jurors and 2 Alternates selected. No objection by the parties to the manner or makeup of this jury panel. Jurors sworn. Court preliminarily instructs the Jurors. Opening statements by the parties. Government's Witnesses: Jennifer Wiemer CST, Thomson E. Lloyd CST, and Lowell Coronil CST, Government's Admitted Exhibits: 6, 7, 8, 9, 10, 11, 13, 14, and 15. Discussion held re: scheduling and jury instructions. Defendant excused. Conference without the Jury set for 11/19/03 @ 8:30 a.m. SOM. Further Jury Trial continued to 11/19/03 @ 9:00 a.m. SOM. jury impaneled , ; further jury trial continued to 9:00 11/19/03 for James C. Kupukaa , ; conference without the jury set for 11/19/03 8:30 a.m. SOM , ; James C. Kupukaa Attorney Michael A. Weight, AUSA Wes Porter present ( Ct Rptr: Debra Chun) by Judge Susan Oki Mollway (lmg) |
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| 2003-11-19 |
37 |
0 |
Minutes - Miscellaneous |
EP: Conference without the Jury - Defendant James C. Kupukaa present. Settling of jury instructions. Jurors present. Government's Witnesses: William Lau CST, Clarence Fraser CST, Curtis Kubo CST, and Darryl Kon CST. Government's Admitted Exhibits: 2b, 16, 17, 18, 1, 19, 20, 2a, and 4a. 1:15 p.m. - Jurors and Defendant not present. Discussion held re: the medical condition of the Defendant. Mr. Weight orally moves for a mistrial - taken under advisement. Court will excuse the jurors and will instruct them to call the jury code a phone after 5:00 p.m. for further instructions. Court will conduct a telephone conference re: scheduling at the end of the day. 4:00 p.m. - Defendant not present. Further discussion held re: the medical condition of the Defendant. Jurors will be instructed that no trial will be scheduled for tomorrow, 11/20/03, and that they are to call the jury code a phone after 3:00 p.m. for further instructions. Mr. Weight to contact the CRM tomorrow and another telephone conference will be scheduled. conference without the jury held on 11/19/03 ; James C. Kupukaa Attorney Michael A. Weight, AUSA Wes Porter present ( Ct Rptr: Debra Chun) by Judge Susan Oki Mollway (lmg) |
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| 2003-11-20 |
38 |
0 |
Minutes - Miscellaneous |
EP: : Telephone Conference - held in chambers. Defendant James C. Kupukaa not present, and his presence is waived for purposes of this hearing. Discussion held re: the medical condition of the defendant. Jurors will be instructed that no trial will be scheduled for tomorrow, and that they are to call the jury clerk on Monday, 11/24/03, @ 3:00 p.m., in order to ascertain the trial schedule. A telephone conference is set for 11/21/03 @ 4:30 p.m. ; a telephone conference is set for for 4:30 11/21/03 for James C. Kupukaa ; James C. Kupukaa Attorney Michael A. Weight, Wes Porter present ( Ct Rptr: Debra Chun) by Susan Oki Mollway (lmg) |
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| 2003-11-24 |
39 |
0 |
Summons Returned Executed |
PS via certified mail return, receipt UNEXECUTED on 10/30/03 as to James C. Kupukaa (lmg) |
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| 2003-11-24 |
40 |
0 |
Minutes - Miscellaneous |
EP: Telephone Conference held in Chambers - Defendant James C. Kupukaa not present and his presence is waived for purposes of this hearing. Further discussion held re: defendant's medical condition. Mr. Weight orally moves for a renewed motion for a mistrial - discussion held. Mr. Weight to speak to Dr. Singer to see if he can formulate an opinion re: the defendant's condition. Further telephone conference continued to 2:50 p.m. 2:50 p.m. - Defendant James C. Kupukaa not present and his presence is waived for purposes of this hearing. Mr. Weight to speak to the defendant to see if whether or not during the trial, he could comprehend what was going on. 4:30 p.m. - Mr. Weight informed the CRM that the defendant indicated that he was confused during trial and did not remember what had happened in Court. Mr. Weight to speak to the doctor to see when he will be able to testify. Mr. Weight to contact the CRM so that a hearing may be scheduled. Jurors instructed not to report back tomorrow. Jurors instructed to call the code a phone on Monday, 12/1/03 to see when they need to report back to Court. ; James C. Kupukaa Attorney Michael A. Weight, AUSA Wes Porter present ( Ct Rptr: Debra Chun/Cynthia Fazio) by Judge Susan Oki Mollway (lmg) |
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| 2003-11-21 |
41 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Status Conference Regarding the Jury Trial-(All Counsel by Phone-Defendant's presence Waived) Defendant will be admitted to the Hospital on November 22, 2003 for Two Days. Defendant's Counsel will notify this Court as to the defendant's health status on Monday, November 24, 2003.; James C. Kupukaa, USA Attorney Wes Porter, Michael A. Weight present ( Ct Rptr: None) by Judge Susan O. Mollway (bbb) |
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| 2003-11-26 |
42 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Conference - Defendant James C. Kupukaa not present. Further discussion held re: medical condition of the defendant, and scheduling. Mr. Weight to see if he can contact the defendant to see whether or not he can come to Court today. 4:45 p.m. - Defendant James C. Kupukaa present. Court and counsel question the defendant re: whether or not he remembers what happened at trial last week. Defendant's Motion for a Mistrial - over government's objection - Granted. CRM to notify the jury clerk that the jurors are discharged. A trial setting conference is set for 12/1/03 @ 3:30 p.m. BMK.; James C. Kupukaa, USA Attorney Wes Porter, Michael A. Weight present ( Ct Rptr: Debra Chun) by Judge Susan O. Mollway (bbb) |
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| 2003-12-01 |
43 |
0 |
Miscellaneous Document |
PETITION for Action on Conditions of Pretrial Release Warrant ordered, for James C. Kupukaa by Mag Judge Barry M. Kurren (lmg) |
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| 2003-12-01 |
44 |
0 |
Warrant Issued |
ARREST Warrant issued for James C. Kupukaa NO BAIL by Mag Judge Barry M. Kurren (lmg) |
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| 2003-12-01 |
45 |
0 |
Minutes - Miscellaneous |
EP:Trial setting conference - deft's presence waived; ; jury selection/trial to follow set for 9:00 1/21/04 before SOM for James C. Kupukaa ; James C. Kupukaa, Attorney Michael A. Weight, AUSA Wes Porter present ( Ct Rptr: Ann Matsumoto 1487) by Mag Judge Barry M. Kurren (lmg) |
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| 2003-12-03 |
46 |
0 |
Minutes - Miscellaneous |
EP: MINUTES Order to Show Cause Why Bail Should Not be Revoked - deft present in custody. Court finds that violations were made against the Pretrial Release Order. Bail revoked. Deft remanded to custody of U.S. Marshal. cc: USM :granting petition [43-1] ; James C. Kupukaa Attorney Michael A. Weight, Wes Porter present ( Ct Rptr: C6, tape 1489) by Judge Barry M. Kurren (sm) |
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| 2003-12-08 |
47 |
0 |
Warrant Returned Executed |
ARREST Warrant returned executed as to James C. Kupukaa on 12/3/03 (lmg) |
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| 2004-01-06 |
48 |
0 |
Order |
ORDER re-assigning case by Judge David A. Ezra case reassigned to Judge Alan C. Kay (cc: all counsel, crds, Judge Susan Oki Mollway) (lmg) |
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| 2004-01-05 |
49 |
0 |
Notice of Hearing |
NOTICE of hearing on ; jury selection with trial to follow set for 9:00 1/14/04 before Judge Alan C. Kay for defendant James C. Kupukaa ; Wes Porter AUSA, Michael Weight AFPD, U.S. Marshals office (lmg) |
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| 2004-01-07 |
50 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: ; final pretrial conf scheduled for Tuesday, for 10:00 1/13/04 before the Honorable Alan C. Kay ; notified: James Michael A. Weight, Esq., Wes Porter, Esq. present ( Ct Rptr: ) by Judge Alan C. Kay (lmg) Modified on 01/09/2004 |
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| 2004-01-08 |
51 |
0 |
Order |
EX PARTE application for issuance of subpoenas, payment of witness fees, transportation costs and sealing of all papers; declaration of counsel; exhibit A; proposed order [SEALED] (lmg) |
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| 2004-01-08 |
52 |
0 |
Order |
ORDER to subpoena witnesses, pay witnesses fees and costs of transportation and sealing of all papers - by Judge Alan C. Kay - re [51-1] [SEALED] (lmg) |
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| 2004-01-13 |
53 |
0 |
Minutes - Miscellaneous |
EP: Final Pretrial Conference: Defendant present in custody with counsel Michael Weight. Discussion held regarding evidentiary and legal issues, stipulations. Government to call approximately 7 witnesses. Defendant 1 witness. Governments case to take approximately day and a half, defendant half day. Jury selection to commence on Wednesday, January 14, 2004 at 9:00 a.m. final pretrial conference held on 1/13/04 , ; jury trial set for 9:00 1/14/04 for James C. Kupukaa ; James C. Kupukaa Attorney Michael A. Weight, Wes Porter present ( Ct Rptr: Cynthia Fazio) by Judge Alan C. Kay (lmg) |
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| 2004-01-14 |
54 |
0 |
Jury Instructions |
Defendant's proposed and alternate proposed JURY Instructions; certificate of service (lmg) |
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| 2004-01-15 |
55 |
0 |
Response to Motion |
Government's RESPONSE to defendant's proposed and alternate proposed jury instructions [54-1] (lmg) |
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| 2004-01-15 |
56 |
0 |
Witness List |
Defendant Kupukaa's WITNESS list to date; certificate of service (lmg) |
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| 2004-01-14 |
57 |
0 |
Minutes - Miscellaneous |
EP: Jury Selection and Jury Trial: 1st day Defendant present in custody with counsel MichaelWeight. 63 jurors present for selection. 12 jurors and 2 alternates selected. Jurors sworn. Preliminary instructions given by Court. Government presented opening statement. Defendant presented opening statement. CST: Jennifer-Marie Wiemer Tomson Lloyd Lowell Coronil Clarence Fraser Exhibits Admitted: Governments - 6, 7, 8, 31a, 31b, 10, 11, 12, 9, 13, 14, 15, 16, 17, 18, 1, 19, 20, 2a.. Further trial continued to Thursday, January 15, 2004 at 9:00 a.m. jury impaneled , ; further trial continued to Thursday, January 15, 2004 at 9:00 a.m. for James C. Kupukaa ; James C. Kupukaa Attorney Michael A. Weight, AUSA Wes Porter present ( Ct Rptr: Cynthia Fazio) by Judge Alan C. Kay (lmg) |
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| 2004-01-16 |
58 |
0 |
Utility - Miscellaneous |
Certificate of service by USA (lmg) |
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| 2004-01-15 |
59 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Jury Trial: 2nd day Defendant present in custody with counsel Michael Weight. CST: William Lau; Curtis Kubo; Stipulation regarding firearm read to jury. Government rested. Defendants Oral Motion for Judgment of Acquittal - DENIED. Exhibits Admitted: Governments 2b. CST: James Kupukaa Defendants Oral Motion for Mistrial argued and GRANTED. New trial date: February 3, 2004 at 9:00 a.m. for mistrial as to James C. Kupukaa , ; jury trial set for 9:00 2/3/04 for James C. Kupukaa ; James C. Kupukaa, USA Attorney Wes Porter, Michael A. Weight present ( Ct Rptr: Cynthia Fazio) by Judge Alan C. Kay (bbb) |
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| 2004-01-26 |
60 |
0 |
Ex Parte Motion and order |
EX PARTE Application for Issuance of Subpoenas, Payment of Witness Fees, Transportation Costs and Sealing of all Papers Declaration of Counsel; Proposed Order (SEALED) (sm) Modified on 01/29/2004 |
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| 2004-01-26 |
61 |
0 |
Order |
ORDER to Subpoena Witnesses, Pay Witnesses Fees and Costs of Transportation and Sealing of all Papers by Judge Alan C. Kay re [60-1] (SEALED) (sm) |
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| 2004-01-29 |
62 |
0 |
Minutes - Miscellaneous |
EO: MINUTES: ;Pretrial conference scheduled for Tuesday, 2/3/04 at 10:00 a.m. before the Honorable Alan C.Kay James C. Kupukaa , ; jury selection will commence at for 1:30 p.m. ; notified Wes Porter, Esq., Michael Weight, Esq., U.S. Marshals office, by Judge Alan C. Kay (lmg) |
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| 2004-01-29 |
63 |
0 |
Utility - Miscellaneous |
PROOF of service - on behalf of defendant James C. Kupukaa (lmg) Modified on 02/06/2004 |
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| 2004-01-30 |
64 |
0 |
Response to Motion |
Government's supplemental RESPONSE to defendant's proposed and alternate proposed jury instructions; exhibit A; certificate of service [54-1] (lmg) |
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| 2004-02-03 |
65 |
0 |
Minutes - Miscellaneous |
EP: Jury Trial: 1st day: Defendant present in custody with counsel Michael Weight. 54 jurors present for selection. 12 jurors and 2 alternates selected. Jurors sworn. Preliminary instructions given by Court. Government presented opening statement. Defendant presented opening statement. CST: Jennifer-Marie Wiemer Tomson Lloyd Lowell Coronil William Lau Clarence Fraser Exhibits Admitted: Governments - 6, 7, 8, 31a, 31b, 30, 10, 11, 12, 9, 13, 14, 15, 16, 17,18, 1, 19, 20. Further trial continued to Wednesday, February 4, 2004 at 9:00 a.m. jury trial: 1st day , jury trial held on 2/3/04 ; further jury trial set for 9:00 2/4/04 for James C. Kupukaa ; James C. Kupukaa Attorney Michael A. Weight, AUSA Wes Porter present ( Ct Rptr: Cynthia Fazio) by Judge Alan C. Kay (lmg) |
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| 2004-02-04 |
66 |
0 |
Minutes - Miscellaneous |
EP: Jury Trial: 2nd day Defendant present in custody with counsel Michael Weight. Stipulation regarding firearm read to the jury. CST: Curtis Kubo Government rest. Defendants Oral Motion for Judgment of Acquittal - DENIED. Exhibits Admitted: Governments - 2a, 2b. CST: James Kupukaa Patrick Escorzun Defendant rest. Settling of jury instructions 1:00 p.m. - 1:30 p.m. Jury instructions read by Court. Page 2 Criminal 02-00382ACK U.S.A. vs. James C. Kupukaa February 4, 2004 Government presented opening argument. Defendant presented closing argument. Government presented closing argument. Jury retired to deliberate (3:05 p.m.) Alternate jurors excused. Further jury deliberation continued to Thursday, February 5, 2004 at 9:00 a.m. jury trial held on 2/4/04 ; jury trial set for 9:00 2/5/04 for James C. Kupukaa ; James C. Kupukaa Attorney Michael A. Weight, AUSA Wes Porter present ( Ct Rptr: Cynthia Fazio) by Judge Alan C. Kay (lmg) |
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| 2004-02-04 |
67 |
0 |
Jury Instructions |
JURY Instructions (lmg) |
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| 2004-02-05 |
68 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Further Jury Deliberation: Jurors returned at 9:00 a.m. to resume further deliberation. Defendant present in custody with counsel Michael Weight. 10:30 a.m. - Jury returned with verdict. Defendant found GUILTY. Jury polled. Verdict unanimous. Defendant referred for presentence investigation and report and sentencing scheduled for Tuesday, July 6, 2004 at 2:00 p.m. before the Honorable Alan C. Kay. Bail: Ordered that defendant continue to be detained.; James C. Kupukaa, USA Attorney Wes Porter, Michael A. Weight present ( Ct Rptr: Cynthia Fazio) by Judge Alan C. Kay (bbb) |
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| 2004-02-05 |
69 |
0 |
Jury Verdict |
VERDICT as to James C. Kupukaa: Guilty as charged (bbb) |
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| 2004-05-21 |
70 |
0 |
Response to Motion |
RESPONSE to draft presentence report; certificate of service - by defendant [SEALED] (lmg) |
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| 2004-05-24 |
71 |
0 |
Notice (Other) |
Government's NOTICE of non-objection; certificate of service (lmg) |
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| 2004-06-29 |
72 |
0 |
Notice of Hearing |
NOTICE of hearing on ; sentencing to the Superseding Indictment hearing set for 2:00 7/15/04 for James C. Kupukaa before the Honorable Alan C. Kay [69-1] cc: Wes Porter, Esq., Assistant U.S. Attorney, Michael Weight, Esq., Assistant Federal Public Defender, U.S. Probation Office, U.S. Marshals Office, U.S. Pretrial Services (lmg) |
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| 2004-07-15 |
73 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Sentencing to the Superseding Indictment: Defendant present in custody with counsel Michael Weight sentencing James C. Kupukaa (1) count(s) 1s. Imprisonment 28 months. Supervised Release 3 years under 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 provide the Probation Office access to any requested financial information. 9. That the defendant participate in a mental health program at the discretion and direction of the Probation Office. 10. 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. No fine imposed. Special Monetary Assessment $100. Advised of to appeal. RECOMMENDATION: FDC, Honolulu, Hawaii. MITTIMUS: Forthwith. ALTERNATIVE SENTENCE: Imprisonment 28 months; Supervised Release 3 years under the same conditions as above. No fine imposed. Special Monetary Assessment $100. MITTIMUS: Forthwith , dismissing as to James C. Kupukaa (1) count(s) 1. Dismissed, Count Superseded , case terminated ; James C. Kupukaa Wes Porter, Michael A. Weight present ( Ct Rptr: Stephen Platt) by Judge Alan C. Kay (eps) |
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| 2004-08-02 |
74 |
0 |
Judgment |
JUDGMENT and Commitment as to James C. Kupukaa re [73-1] by Judge Alan C. Kay (cc: counsel, agencies) (lmg) Additional attachment(s) added on 9/15/2006 (tbf, ). |
2010-02-14 12:28:37 |
031f9e793c31f586e54c6d326c053838413392e4 |
| 2004-09-03 |
75 |
0 |
Judgment Returned Executed |
JUDGMENT and Commitment returned executed on 8/20/04 as to James C. Kupukaa (1) count(s) 1s to FDC Honolulu, HI (lmg) |
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| 2004-09-08 |
76 |
0 |
Presentence Investigation Report |
PRESENTENCE Report on James C. Kupukaa (original sealed and held in probation office). (bbb) |
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| 2004-09-08 |
77 |
0 |
Sentencing Memorandum |
SENTENCING RECOMMENDATION as to James C. Kupukaa (original sealed and held in probation office) (bbb) |
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| 2004-09-08 |
78 |
0 |
Sentencing Memorandum |
SENTENCING RECOMMENDATION as to James C. Kupukaa (original sealed and held in probation office) (bbb) |
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| 2006-04-17 |
79 |
0 |
Prob 12-Modify Conditions of Supervision |
PROBATION FORM 12b-Modify Conditions of Supervision as to James C. Kupukaa . Signed by Judge ALAN C KAY on 04/12/06. (lmg, ) |
2010-02-14 12:28:38 |
d55171fec66c1e2fb1bbc6854d1239f20d446964 |