| Date Filed |
Document # |
Attachment # |
Short Description |
Long Description |
Upload date |
SHA1 hash |
| 2002-10-07 |
1 |
0 |
Complaint |
COMPLAINT by Daniel K. Brady against Rick K. Vo, Brenda Maria Cooper Vo signed by Mag Judge Barry M. Kurren [ 1:02-m -790 ] (eps) |
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| 2002-10-07 |
3 |
0 |
Warrant Issued |
ARREST Warrant issued for Brenda Maria Cooper Vo bail set for To Be Determined by Mag Judge Barry M. Kurren [ 1:02-m -790 ] (eps) |
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| 2002-10-07 |
5 |
0 |
Motion for Miscellaneous Relief |
MOTION to detain defendant without bail by USA as to Brenda Maria Cooper Vo [ 1:02-m -790 ] (afc) |
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| 2002-10-07 |
7 |
0 |
Warrant Returned Executed |
ARREST Warrant returned executed as to Brenda Maria Cooper Vo on 10/6/02 [ 1:02-m -790 ] (afc) |
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| 2002-10-07 |
8 |
0 |
CJA 20 - Appointment |
CJA Form 20 Copy 4 (Appointment of Counsel) as to defendant (02) Brenda Maria Cooper Vo Attorney Alvin P.K.K. Nishimura appointed by Mag Judge Kevin S.C. Chang [ 1:02-m -790 ] (afc) |
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| 2002-10-07 |
9 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Initial Appearance - as to defendants 01 Rick Vo and 02 Brenda Vo - Request for Court Appointed Counsel granted. Defendants sworn to Financial Affidavit. Detention Hearing - 10-10-02 at 3:00 KSC. Preliminary Hearing - 10-22-02 at 3:00 KSC. Defendants remanded to the custody of the U. S. Marshals. [4-1] [5-1] [INITIAL APPEARANCE of Rick K. Vo, Brenda Maria Cooper Vo ; detention hearing set for 3:00 10/10/02; preliminary exam set for 3:00 10/22/02 for Rick K. Vo, for Brenda Maria Cooper Vo before Mag Judge Kevin S. Chang] ; Rick K. Vo, Brenda Maria Cooper Vo, USA Attorney Thomas Muehleck, Michael A. Weight (01); Alvin P.K.K. Nishimura (02)present (Ct Rptr: Tape C5 939) by Judge Kevin S.C. Chang [ 1:02-m -790 ] (afc) |
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| 2002-10-07 |
11 |
0 |
Order of Detention |
ORDER of Temporary Detention Pending Hearing Pursuant to Bail Reform Act as to Brenda Maria Cooper Vo by Mag Judge Kevin S. Chang [ 1:02-m -790 ] (afc) |
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| 2002-10-07 |
13 |
0 |
Financial Affidavit - CJA23 |
FINANCIAL Affidavit as to Brenda Maria Cooper Vo [ 1:02-m -790 ] (afc) |
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| 2002-10-09 |
14 |
0 |
Indictment |
EP: INDICTMENT by USA Counts filed against Rick K. Vo (1) counts 1, 2; Brenda Maria Cooper Vo (2) counts 1, 2; Summons ordered (Marjann Shawler) by Mag Judge Kevin S.C. Chang (afc) Additional attachment(s) added on 4/6/2006 (bbb, ). |
2010-02-15 00:40:22 |
7a84a7e90ff1e07630c4a27eab47a2e94ba308b3 |
| 2002-10-09 |
16 |
0 |
Summons Issued |
PS issued as to Brenda Maria Cooper Vo; arraignment set for 3:00 10/10/02 for Brenda Maria Cooper Vo before Mag Judge Kevin S. Chang (afc) |
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| 2002-10-10 |
17 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Detention Hearing; Arraignment and Plea as to defendants (01) Rick Vo and (02) Brenda Vo. Defendants present. Arraignment and Plea as to defendants (01) Rick Vo, (02) Brenda Maria Cooper Vo - Arraignment waived. Pleas of NOT GUILTY entered. Trial dates given: JT: 12-10-02 at 9:00 SOM; FPT: 11-12-02 at 10:00 BMK; Mos due 10-31-02; Resp due 11-14-02. Detention Hearing as to defendants (01) Rick Vo, (02) Brenda Maria Cooper Vo - Defendants' oral request to continue the Detention Hearing granted. Detention Hearing - continued to 102-1-02 at 3:00 KSC. Defendants remanded to the custody of the U.S. Marshals. (01) Rick K. Vo, (02) Brenda Maria Cooper Vo, USA Attorney Thomas Muehleck, (01) Michael Weight, (02) Alvin Nishimura present (Ct Rptr: Tape C5 942) by Mag Judge Kevin S.C. Chang [4-1][5-1] (afc) |
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| 2002-10-18 |
19 |
0 |
Summons Returned Executed |
PS executed on 10/10/02 as to Brenda Maria Cooper Vo (bbb) |
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| 2002-10-21 |
20 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Detention Hearing as to both Defendants-Both Defendants' present in Custody. Government's Motion to Detain as to Defendants (01) Rick Vo and (02) Brenda Maria Cooper Vo-is hereby Granted as to both Defendants. Mr. Muehleck to prepare the Detention Order as to both Defendants. [5-1] [4-1] (01) Rick K. Vo, (02) Brenda Maria Cooper Vo, USA Attorney Thomas Muehleck, (01) Michael A. Weight, (02) Alvin P.K.K. Nishimura present (Ct Rptr: C5-Tape No. 947) by Judge Kevin S.C. Chang (afc) |
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| 2002-10-23 |
22 |
0 |
Order of Detention |
ORDER of Detention pending trial by Mag Judge Kevin S. Chang as to (2) Brenda Maria Cooper Vo (afc) |
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| 2002-10-25 |
23 |
0 |
Minutes - Miscellaneous |
EO: MINUTES Final Pretrial Conference set for 11/12/2002 at 10:00 a.m. is moved to 2:00 p.m. the same day before Judge Barry Kurren. cc: Thomas Muehleck, Michael Weight, Alvin Nishimura by Judge Mag Judge Barry M. Kurren (afc) |
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| 2002-10-23 |
25 |
0 |
Information to Establish Prior Conviction |
PENALTY ENHANCEMENT pursuant to Title 21, USC 841(b)(1)(A) and 851; certificate of service - by USA as to Brenda Marie Cooper Vo (afc) |
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| 2002-10-28 |
26 |
0 |
Minutes - Miscellaneous |
EO: MINUTES Final Pretrial Conference continued from 11-12-02 to 11-14-02 @ 10 a.m. before Judge Kurren for Rick Vo & Brenda Maria Cooper Vo. cc: Thomas Muehleck, Michael Weight, Alvin Nishimura by Judge Mag Judge Barry M. Kurren (afc) |
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| 2002-11-14 |
27 |
0 |
Minutes - Miscellaneous |
EO: MINUTES Final Pretrial Conference continued to May 18, 2003 at 10:30 a.m. before Judge Chang. All counsel notified of this date () by Judge Mag Judge Barry M. Kurren (afc) |
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| 2002-11-18 |
28 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Continued : [Final Pretrial Conference] from 11/18/2002 10:30:00 AM to 11/25/2002 10:00:00 AM before BMK. for (01) Rick Vo; (02) Brenda Maria Cooper Vo. Per Michael Weight, his client may retain new counsel. USA Attorney Thomas Muehleck, (01) Michael A. Weight, (02) Alvin P.K.K. Nishimura present (Ct Rptr: Tape 957/958) by Mag Judge Kevin S.C. Chang (afc) |
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| 2002-11-25 |
29 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Final Pretrial Conference continued to 12-2-02 @ 10 a.m., KSC. David Klein enters as retained counsel for 02 Brenda Maria Cooper Vo. Klein to file a M/Continue Trial. Defendants' presence waived. Final Pretrial Conference continued to 10:00 12/2/02 for Rick K. Vo, for Brenda Maria Cooper Vo . USA Attorney Thomas Muehleck, (01)Michael A. Weight, (02) Alvin P.K.K. Nishimura, David F. Klein present (Ct Rptr: C6 Tape 1310) by Judge Barry M. Kurren (afc) |
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| 2002-11-26 |
30 |
0 |
Motion to Continue |
Notice of Motion and MOTION to continue trial by defendant Brenda Maria Cooper Vo ; declaration of counsel; certificate of service - Motion hearing set for 11/27/02 at 8:30 before Judge Helen Gillmor (afc) Modified on 11/27/2002 |
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| 2002-11-26 |
31 |
0 |
Order on Motion to Substitute Attorney |
WITHDRAWAL AND SUBSTITUTION OF COUNSEL; ORDER; certificate of service - Attorney David F. Klein replacing attorney Alvin P.K.K. Nishimura for Brenda Maria Cooper Vo by Judge Barry M. Kurren (afc) Modified on 11/27/2002 |
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| 2002-11-27 |
32 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: DEFENDANT (02) BRENDA MARIA COOPER VO'S MOTION TO CONTINUE TRIAL - The defendants are not present and their presence are waived by counsel. The parties were informed that this case will be tried by this Court. The motion is granted. The Jury Selection/Trial is continued from December 10, 2002 to February 25, 2003 @ 9:00 a.m. Final Pretrial Conference before this Court: February 18, 2003 @ 8:30 a.m. Final Pretrial Conference before Magistrate Judge Leslie E. Kobayashi: January 27, 2003 @ 10:00 a.m.. Motions Deadline: January 14, 2003. Response Deadline: January 28, 2003. 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 December 10, 2002 to and including February 25, 2003 be excluded from computation under the Speedy Trial Act as a failure to grant the continuance would unreasonably deny Counsel David F. Klein reasonable time necessary for effective preparation, taking into account the exercise of due diligence. cc: Thomas C. Muehleck, Esq. Michael A. Weight, Esq. David F. Klein, Esq. Judge Gillmor's chambers [30-1] [JS/JT set for 9:00 2/25/03 for Rick K. Vo, for Brenda Maria Cooper Vo ; final pretrial conf set for 8:30 2/18/03 for Rick K. Vo, Brenda Maria Cooper Vo ; final pretrial conference before Mag Judge Kobayashi: set for 10:00 1/27/03 for Rick K. Vo, for Brenda Maria Cooper Vo case reassigned to Judge Helen Gillmor ; Rick K. Vo, Brenda Maria Cooper Vo, USA Attorney Thomas Muehleck, Michael A. Weight, David F. Klein present (Ct Rptr: Stephen Platt) by Judge Helen Gillmor (afc) |
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| 2002-11-29 |
33 |
0 |
Minutes - Miscellaneous |
EO: MINUTE ORDER - This case has been reassigned from Judge Susan Oki Mollway to Judge Helen Gillmor by Judge Helen Gillmor (afc) |
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| 2002-12-09 |
34 |
0 |
Order |
ORDER by Mag Judge Barry M. Kurren granting defendant Brenda Maria Cooper Vo's motion to continue trial and tolling time from computation under the Speedy Trial Act; certificate of service [30-1] - submitted by plaintiff USA - [trial cont from 12-10-02 to 02-25-03; final pretrial conference set for 02-18-03 8:30; MOTIONS: for dft: 01-27-03; response for govt: 02-14-03 - as to (01) Rick K. Vo, (02) Brenda Maria Cooper Vo; further ordered that time from 12-10-02 to & including 02-25-03 is excluded from computation under the Speedy Trial Act] (afc) |
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| 2003-01-07 |
35 |
0 |
Miscellaneous Document |
APPLICATION Regarding Custody as to Brenda Maria Cooper Vo (SEALED) (afc) |
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| 2003-01-07 |
36 |
0 |
Miscellaneous Document |
ORDER Regarding Custody as to Brenda Maria Cooper Vo signed by Mag Judge Leslie E. Kobayashi (SEALED) (afc) |
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| 2003-01-27 |
37 |
0 |
Minutes - Miscellaneous |
EO: MINUTES Continued : [Final Pretrial Conference] from 01/27/2003 10:00:00 AM to 02/03/2003 10:00:00 AM before KSC. for Rick K. Vo, for Brenda Maria Cooper Vo by Judge Mag Judge Leslie E. Kobayashi (afc) |
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| 2003-02-03 |
38 |
0 |
Minutes - Miscellaneous |
EP: MINUTES OF FINAL PRETRIAL CONFERENCE: Jury Trial before Judge Helen Gillmor set for 9:00 02/25/03; Representations by counsel on trial time: days US-3; deft Rick Vo & deft Brenda Vo: 2 days total; (no interpreter needed); Fed. R. Crim. P. 16(a)(1)(C)(E) disclosures made as to Defendants; Fed. R. Evid. 404(b) by 01/29/03; Motions in limine filed and served by 02/05/03; Mem in opp to motions in limine by 02/10/03; Brady and Giglio Material by the Monday before trial (2/24/03); Jury Instructions exchanged by 02/05/03; Filings required by 4(a)&(b) by 02/12/03; Witness lists per stipulation by 02/18/03; Parties will exchange exhibits; Original exhibits tabbed and in; Stipulations filed by 02/12/03; Voir Dire Questions by 02/12/03; Trial Briefs by 02/12/03; Jencks Disclosure - does not agree; final pretrial conf set for 8:30 2/18/03 before Judge Helen Gillmor for Rick K. Vo, for Brenda Maria Cooper Vo ; USA Attorney Thomas Muehleck, (01) Michael A. Weight; (02) David F. Klein present (Ct Rptr: Tape C5 986) by Judge Mag Judge Kevin S.C. Chang (afc) |
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| 2003-02-03 |
39 |
0 |
Miscellaneous Document |
Report of Final Pretrial Conference, Minutes and Order as to Rick K. Vo, Brenda Maria Cooper Vo by Mag Judge Kevin S. Chang (cc: all counsel) (afc) |
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| 2003-02-18 |
40 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: FINAL PRETRIAL CONFERENCE 8:30 a.m. The Defendants are not present. Defendant Brenda Maria Cooper Vo's presence is waived by counsel. Mr. Weight will not waive the presence of Defendant Rick Vo. The hearing is continued to 2:15 p.m. this afternoon in order for the Marshal's Service to produce Defendant Rick Vo. 2:15 p.m. Defendant Rick Vo is present in custody. Defendant Brenda Maria Cooper Vo is not present and her presence is waived by counsel. Mr. Muehleck informed the Court that jury instructions were filed today. Mr. Weight informed the Court that he will file objections to the jury instructions. Mr. Weight informed the Court that he is scheduled to be in trial before Judge Mollway on February 25, 2003. Mr. Muehleck informed the Court of his conflicting trial scheduled in March and that he will be on military leave the week of March 24, 2003. Mr. Muehleck also informed the Court that he plans to submit evidence to support a superseding indictment before the grand jury on February 26, 2003. The Jury Selection/Trial is continued to April 8, 2003 @ 9:00 a.m. The final pretrial conference before the Court is on Friday, March 21, 2003 at 8:30 a.m. The Court found that the ends of justice served by such an action outweigh the best interest of the public and the Defendants in a speedy trial. The Court orders that the period from February 25, 2003 to and including April 8, 2003 be excluded from computation under the Speedy Trial Act as a failure to grant the continuance would unreasonably deny counsel for the Defendants and the government reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court noted that if the trial scheduled before the Court on March 25, 2003 does not go to trial on that day, trial in this case may be moved to April 1, 2003. ; Rick K. Vo, Brenda Maria Cooper Vo Attorney Thomas Muehleck, Michael A. Weight, David F. Klein present ( Ct Rptr: Stephen Platt) by Judge Helen Gillmor (gab) |
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| 2003-02-28 |
41 |
0 |
Order |
ORDER by Judge Helen Gillmor directing U.S. Marshal Service to transfer defendant Brenda Maria Cooper Vo - filed by USA - [U.S. Marshal Service for District of HI to transfer custody of deft Brenda Maria Cooper Vo to deputies of the Contra Costa County Sheriff's Dept, Martinez, CA; further ordered that Contra Costa County Sheriff, Martinez, CA to return deft on or before 3/13/03] (cc: certified copy to USM) counsel) (afc) |
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| 2003-02-28 |
42 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: MOTION TO TRANSFER CUSTODY {USA vs. deft (02) Brenda Maria Cooper Vo} - The defendant is present in custody. Arguments made. The defendant is advised of her right to a speedy trial. In the event that the defendant is not returned to this jurisdiction prior to the trial date of April 8, 2003, the defendant has consented to a severance of trial. The motion is granted. IT IS ORDERED that the U.S. Marshal for the District of Hawaii transfer custody of the defendant to the Deputies of the Contra Costa County Sheriff's Department, Martinez, CA. IT IS FURTHER ORDERED that the Costra Costa County Sheriff, Martinez, CA, return the defendant Brenda Maria Cooper Vo to the U.S. Marshal Service, District of Hawaii, on or before March 13, 2003. The Petition for Writ of Habeas Corpus Ad Testificandum filed in the Superior Court of the State of California in and for the County of Contra Costa, No. 05-0120530-5 The People of the State of California v Ramiro Alvarez, Jr, et al., is attached to this minutes. Brenda Maria Cooper Vo, USA Attorney Thomas Muehleck, David F. Klein present (Ct Rptr: Stephen Platt) by Judge Helen Gillmor (afc) |
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| 2003-03-04 |
43 |
0 |
Notice of Hearing |
NOTICE of hearing - A status conference is set for Wednesday, March 5, 2003 at 3:00 p.m. before the Honorable Helen Gillmor for Rick K. Vo, Brenda Maria Cooper Vo (afc) |
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| 2003-03-05 |
44 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: STATUS CONFERENCE - Defendant Rick Vo is present in custody. Defendant Brenda Maria Cooper Vo is not present and her presence is waived by counsel.The Government's Oral Motion to Continue Trial is granted. The trial is continued to April 29, 2003 @ 1:30 p.m. The Final Pretrial Conference before this Court is set for April 18, 2003 @ 8:30 a.m. 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 April 8, 2003 to and including April 29, 2003 be excluded from computation under the Speedy Trial Act as a failure to grant the continuance would unreasonably deny counsel for the defendant and government reasonable time necessary for effective preparation, and deny the government continuity of counsel, considering the trial schedule of A.U.S.A. Thomas C. Muehleck, taking into account the exercise of due diligence. (cc: The above-listed attorneys - Michael A. Weight, Esq.; David F. Klein, Esq.) {jury trial set for 1:30 4/29/03 for Rick K. Vo, for Brenda Maria Cooper Vo; final pretrial conf set for 8:30 4/18/03 for Rick K. Vo, for Brenda Maria Cooper Vo} (01) Rick K. Vo, USA Attorney Thomas Muehleck, (01) Michael Weight; (02) David F. Klein present (Ct Rptr: Stephen Platt) by Judge Helen Gillmor (afc) |
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| 2003-04-15 |
45 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing re: USA vs. (02) Brenda Marie Cooper Vo - motion for withdrawal of not guilty plea and to plead anew is set for 2:00 4/17/03 for Brenda Maria Cooper Vo before Mag Judge Leslie E. Kobayashi (afc) |
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| 2003-04-17 |
46 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Motion for Withdrawal of Not Guilty Plea and To Plead Anew - Defendant (02) Brenda Maria Cooper Vo present in custody. Defendant sworn, questioned by the Court. Consent to Rule 11 Plea In a Felony Case Before United States Magistrate signatures verified and filed. Memorandum of Plea Agreement signatures verified and filed. Court informs Defendant of sentencing guidelines, possible departure from sentencing guidelines, supervised release, etc. Plea of Guilty as to Count 1 of the Indictment entered by the Defendant. R&R signed, with 10 days to object. Pre-Sentence report ordered from USPO. SENTENCING as to Count 1 of the Indictment set for 1:30 p.m. 9/22/03 before Judge Helen Gillmor. Defendant remanded to the custody of the U.S. Marshal. {w/d of not guilty plea/plead anew held on 4/17/03 ; guilty plea entered by Brenda Maria Cooper Vo ; sentencing hearing set for 1:30 9/22/03 for Brenda Maria Cooper Vo} ; Brenda Maria Cooper Vo, USA Attorney Thomas Muehleck, Attorney (02) David F. Klein present (Ct Rptr: ESR - Courtroom 6 - Tape 1377) by Mag Judge Leslie E. Kobayashi (afc) |
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| 2003-04-17 |
47 |
0 |
Miscellaneous Document |
CONSENT to Rule 11 plea in a felony case before a United States Magistrate Judge as to Brenda Maria Cooper Vo (afc) |
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| 2003-04-17 |
48 |
0 |
Plea Agreement |
MEMORANDUM of Plea Agreement as to Brenda Maria Cooper Vo (afc) |
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| 2003-04-17 |
49 |
0 |
Miscellaneous Document |
Report and Recommendation concerning Plea of Guilty as to Brenda Maria Cooper Vo (cc: counsel, USM, PTS, USPO) (afc) |
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| 2003-04-28 |
60 |
0 |
Jury Instructions |
PROPOSED JOINT JURY Instruction; attachment 1 (proposed joint jury instruction not agreed to by the defense); certificate of service - filed by plaintiff USA (afc) |
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| 2003-04-29 |
61 |
0 |
Trial Brief |
USA's intent to offer into evidence statements and acts of defendant Rick K. Vo; certificate of service (afc) |
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| 2003-05-05 |
64 |
0 |
Minutes - Miscellaneous |
EO: MINUTES: On April 29, 2003, the government filed UNITED STATES' INTENT TO OFFER INTO EVIDENCE STATEMENTS AND ACTS OF DEFENDANT RICK K. VO. Defendant is ORDERED to file a reply by Thursday, May 8, 2003. cc: above-listed parties; Judge Gillmor's chambers by Judge Helen Gillmor (bbb) |
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| 2003-05-07 |
65 |
0 |
Response/Reply - Miscellaneous |
United States' OBJECTIONS to defense proposed jury instructions [57-1]; attachment 1; certificate of service (bbb) |
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| 2003-05-09 |
67 |
0 |
Order |
ORDER RE-ASSIGNING CASE by Judge David A. Ezra - it is ordered that the above-entitled case (USA vs. Rick Vo) originally assigned to the Honorable Helen Gillmor is reassigned to the Honoraable Alan C. Kay Case reassigned to Judge Alan C. Kay (cc: all counsel) (afc) |
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| 2003-05-12 |
69 |
0 |
Minutes - Miscellaneous |
EO: MINUTES: United States' Motion to Order Defendant Rick V. Vo to Reimburse United States For Legal Services Provided by Federal Public Defender's Office is set for 5/30/2003 at 11:00 AM before Judge Chang. cc: Thomas Muehleck Michael Weight USMS PTS [62-1] by Mag Judge Kevin S.C. Chang (afc) |
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| 2003-05-13 |
71 |
0 |
Response to Motion |
RESPONSE by plaintiff USA to defendant Rick K. Vo's motion to dismiss for violation of the Speedy Trial Act [70-1]; exhibits 1 & 2; certificate of service (afc) |
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| 2003-05-14 |
73 |
0 |
Witness List |
WITNESS list; certificate of service submitted by plaintiff USA (re: USA vs. (01) Rick K. Vo) (afc) |
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| 2003-05-14 |
76 |
0 |
Miscellaneous Document |
Acceptance of Plea of Guilty, Adjudication of Guilt and Notice of Sentencing as to Brenda Maria Cooper Vo by Judge Helen Gillmor (cc: counsel, USM, PTS, USPO) (afc) |
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| 2003-05-15 |
79 |
0 |
Miscellaneous Document |
FINDINGS and RECOMMENDATIONS on CJA Compensation Claim by Mag Judge Leslie E. Kobayashi - total payment of $3,600.00 recommended fo0r payment to Alvin K. Nishimura, Esq., counsel for deft Brenda Marie Cooper Vo (cc: all counsel) (afc) |
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| 2003-05-15 |
80 |
0 |
Order |
ORDER by Judge Alan C. Kay to subpoena witness, pay witness fees and costs of transportation and sealing of all papers - filed by deft (USA vs. Rick K. Vo) (SEALED) [78-1] (afc) |
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| 2003-05-19 |
82 |
0 |
Response to Motion |
United States' Supplemental Memorandum in RESPONSE to Defendant's Motion In Limine to Exclude Evidence; Exhibits 1-5; Certificate of Service by plaintiff USA regarding [75-1] (gs) |
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| 2003-05-16 |
84 |
0 |
Response to Motion |
RESPONSE by plaintiff USA to defendant's motion in limine to exclude evidence; certificate of service - by defendant Rick K. Vo [75-1] (eps) |
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| 2003-05-20 |
87 |
0 |
Jury Instructions |
JURY Instructions (eps) |
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| 2003-05-20 |
88 |
0 |
Stipulation and Order |
STIPULATION by Judge Alan C. Kay as to Rick K. Vo - on behalf of USA (eps) |
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| 2003-05-20 |
89 |
0 |
Order |
ORDER by Judge Alan C. Kay referring to Mag Judge Kevin S. Chang the motion by USA to order defendant (01) Rick K. Vo to reimburse United States for legal services provided by Federal Public Defendant's office [62-1] ; motion hearing set for 11:00 5/30/03 (eps) |
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| 2003-05-21 |
91 |
0 |
Response to Motion |
RESPONSE regarding note from the jury [91-1] (total of 2 pages & affixed to the note from jury) (afc) |
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| 2003-05-22 |
93 |
0 |
Response to Motion |
RESPONSE regarding note from the jury [93-1] (affixed to the note from the jury) (afc) |
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| 2003-05-23 |
95 |
0 |
Jury Notes |
NOTE #1 FROM JURY (response attached) (afc) |
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| 2003-05-23 |
96 |
0 |
Jury Notes |
NOTE #2 FROM JURY (response attached) (afc) |
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| 2003-05-27 |
98 |
0 |
Jury Notes |
NOTE # 1 FROM THE JURY (afc) |
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| 2003-05-27 |
99 |
0 |
Jury Notes |
NOTE #2 FROM JURY (response attached) (afc) |
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| 2003-05-27 |
100 |
0 |
Jury Notes |
NOTE #3 FROM JURY (response attached) (afc) |
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| 2003-05-27 |
101 |
0 |
Jury Notes |
NOTE #4 FROM JURY (response attached) (afc) |
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| 2003-05-29 |
103 |
0 |
Minutes - Miscellaneous |
EO: MINUTES: Governments Exhibit #9 (heat sealer) returned to DEA Agent Richard Jones. by Judge Alan C. Kay (afc) |
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| 2003-05-30 |
105 |
0 |
Order |
ORDER denying United States' motion to order defendant Rick K. Vo to reimburse United States for legal services provided by Federal Public Defender's office [62-1] BY Mag Judge Kevin S.C. Chang (cc: all counsel) (afc) |
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| 2003-06-04 |
106 |
0 |
CJA 20 - Authorization to Pay |
CJA Form 20 (Attorney Payment Voucher# 030604000188) by Attorney Alvin Nishimura as to Brenda Maria Cooper Vo in the amount of $ 3,600.00 by Judge Susan O. Mollway (bbb) |
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| 2003-08-13 |
110 |
0 |
Sentencing Memorandum |
Government's SENTENCING Statement as to Brenda Maria Cooper Vo; certificate of service (SEALED) (afc) |
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| 2003-09-02 |
111 |
0 |
Sentencing Memorandum |
Defendant Brenda Maria Cooper Vo's SENTENCING Statement; certificate of service (SEALED) (afc) Modified on 09/03/2003 |
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| 2003-09-16 |
112 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on The sentencing to Count of the indictment as to defendant (02) Brenda Maria Cooper Vo is continued from 09/22/03 to 3:45 11/10/03 before Judge Helen Gillmor - by CRM David Hisashima (afc) |
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| 2003-09-18 |
113 |
0 |
Notice of Hearing |
NOTICE of hearing - USA vs. RICK K. VO: Sentencing as to Count 2 of the Superseding Indicment previously set for 10:00 10/20/03 is set for 1:30 12/8/03 for Rick K. Vo before Judge Alan C. Kay - by CRM Dottie Miwa (afc) |
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| 2003-09-19 |
114 |
0 |
Notice of Hearing |
NOTICE of hearing USA vs. RICK VO - Sentencing as to Count 2 of the Superseding Indictment previously set for 1:30 12/08/03 is set for 9:30 12/15/03 for Rick K. Vo before Judge Alan C. Kay - by CRM Dottie Miwa (afc) |
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| 2003-11-07 |
115 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on The sentencing to Count 1 of the Indictment as to Defendant (02) BRENDA MARIA COOPER VO is continued from November 10, 2003 to November 13, 2003 @ 11:00 a.m. before the Honorable Helen Gillmor. Thomas C. Muehleck, Esq. David F. Klein, Esq. before Judge Helen Gillmor (bbb) |
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| 2003-11-07 |
116 |
0 |
Motion for Miscellaneous Relief |
United States' MOTION for downward departure under section 5K1.1 of the sentencing guideline for substantial assistance to authorities ; certificate of service; Motion hearing set for 11:00 11/13/2003 HG (SEALED) (bbb) |
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| 2003-11-12 |
117 |
0 |
Response to Motion |
defendant Brenda Maria Cooper Vo's RESPONSE to government's motion for downward departure and additional request for downward departure [116-1]; certificate of service (SEALED) (bbb) |
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| 2003-11-13 |
118 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: SENTENCING TO COUNT 1 OF THE INDICTMENT AS TO (02) BRENDA MARIA COPPER VO - U.S.' MOTION FOR DOWNWARD DEPARTURE UNDER SECTION 5K1.1 OF THE SENTENCING GUIDELINES FOR SUBSTANTIAL ASSISTANCE TO AUTHORITIES - DEFENDANT'S MOTION FOR DOWNWARD DEPARTURE - The defendant is present in custody. The Memorandum of Plea Agreement is accepted. The Motion for Downward Departure is granted. The Defendant's Motion for Downward Departure is denied. Allocution by the defendant. [116-1] SENTENCING Brenda Maria Cooper Vo (2) count(s) 1. ADJUDGED: Impr of 100 mos. SUPERVISED RELEASE: 10 yrs upon the following conditions: 1.That the defendant shall abide by the standard conditions of supervision. 2.That the defendant not commit any crimes, federal, state, or local (mandatory condition). 3.That the defendant not possess illegal controlled substances (mandatory condition) 4.That the defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of release from imprisonment and least two drug tests thereafter, as directed by the Probation Office (mandatory condition). 5.That the defendant participate in a substance abuse program, which may include drug testing at the discretion and direction of the Probation Office. 6.That the defendant is prohibited from possessing a firearm as defined in 18 U.S.C. 921. 7.That the defendant is prohibited from possessing any illegal or dangerous weapons. 8.That the defendant provide the Probation Office access to any requested financial information. Special assessment: $100. Advised of rights to appeal the sentence, etc. RECOMMENDATION: That the defendant participate in the longest drug treatment program available and be enrolled in educational and vocational training programs. Motion to Dismiss Count 2 of the Indictment is granted. MITTIMUS: forthwith. , dismissing counts as to Brenda Maria Cooper Vo (2) count(s) 2. Motion to Dismiss Count 2 of the Indictment is granted. , terminating party Brenda Maria Cooper Vo ; Brenda Maria Cooper Vo, USA Attorney Thomas Muehleck, David F. Klein, USPO Ellie Asasaki present (Ct Rptr: Stephen Platt) by Judge Helen Gillmor (afc) |
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| 2003-11-18 |
119 |
0 |
Judgment |
JUDGMENT and Commitment as to Brenda Maria Cooper Vo by Judge Helen Gillmor (cc: all counsel) (fe) (dat, ). |
2010-02-15 00:40:23 |
bdb56220896a1b94c502267c6c801f760dfbb452 |
| 2003-12-03 |
120 |
0 |
Presentence Investigation Report |
PRESENTENCE Report on Brenda Maria Cooper Vo (original sealed and held in probation office). (bbb) |
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| 2003-12-03 |
121 |
0 |
Sentencing Memorandum |
SENTENCING RECOMMENDATION as to Brenda Maria Cooper Vo (original sealed and held in probation office) (bbb) |
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| 2003-12-19 |
125 |
0 |
Appeal - Miscellaneous |
ORDER FOR TIME SCHEDULE as to USA vs. RICK K. VO: RT to be ordered by 01/08/04; RT to be filed by 02/09/04; Aplnt's brief to be filed by 03/22/04; Aple's brief to be filed by 04/21/04; Aplnt's opt reply brief to be filed by 05/05/04 (cc: Clerk, 9CCA, all counsel, Court Reporters) Notice of Appeal sent to Clerk, 9CCA and to all counsel (afc) |
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| 2004-01-02 |
126 |
0 |
USCA Notice of Docketing Record on Appeal |
APPEAL number 03-10699 received from 9CCA regarding [124-1] (USA v Rick Vo appeal) (afc) |
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| 2004-01-08 |
129 |
0 |
Designation of Record on Appeal |
TRANSCRIPT DESIGNATION and Ordering Form for dates: May 14-16,19-23,27, 2003; 12/15/03 Cynthia Fazio; 5/22/03 Debbie Chun re [124-1] (fe) |
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| 2004-01-12 |
130 |
0 |
Notice of Appeal - Final Judgment |
NOTICE OF CROSS-APPEAL by plaintiff USA regarding [123-1] - USA vs. (01) RICK K. VO [9CCA No. 04-10029] (afc) Modified on 01/26/2004 |
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| 2004-01-14 |
131 |
0 |
Appeal - Miscellaneous |
ORDER FOR TIME SCHEDULE RT to be ordered by 02/02/04; RT to be filed by 03/03/04; Aplnt's brief to be filed by 04/12/04; Aple's brief to be filed by 05/12/04; Aplnt's opt reply brief to be filed by 05/26/04 (cc: Clerk, 9CCA, all counsel, Court Reporters) Notice of Appeal sent to Clerk, 9CCA and to all counsel (afc) |
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| 2004-01-20 |
132 |
0 |
Judgment Returned Executed |
JUDGMENT and Commitment returned executed on 12/11/03 as to Brenda Maria Cooper Vo (2) count(s) 1 to FPC Victorville, CA (afc) |
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| 2004-01-26 |
133 |
0 |
USCA Notice of Docketing Record on Appeal |
APPEAL number 04-10029 received from 9CCA regarding appeal filed 01/12/04 [130-1] (afc) |
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| 2004-02-10 |
136 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Status Conference: Defendant Rick K. Vo's presence waived. Discussion held regarding Count 1. Mr. Weight will file a motion to Dismiss. status hearing held on 2/10/04 ; USA Attorney Thomas Muehleck, Michael A. Weight present ( Ct Rptr: Steve Platt) by Judge Alan C. Kay (bbb) Modified on 06/07/2004 |
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| 2004-02-17 |
137 |
0 |
Response to Motion |
RESPONSE by plaintiff USA to defendant Rick K. Vo's motion to dismiss under speedy trial act; certificate of service [135-1] (afc) |
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| 2004-02-18 |
138 |
0 |
Appeal Record Sent to USCA |
APPEAL Certificate of Record (original) Transmitted to 9CCA regarding [124-1] appeal by Rick K. Vo (cc: all counsel) (afc) |
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| 2004-03-08 |
140 |
0 |
Designation of Record on Appeal |
AMENDED Transcript Designation and Order form re: USA vs. RICK K. VO - filed by attorney Michael A. Weight - Ct Rptr: Tape for dates of 10/10/02, 10/21/02, 11/18/02, 11/25/02, 2/03/03; Ct Rptr: Steve Platt for dates of 11/27/02, 02/18/03, 03/05/03, 04/18/03, and 02/10/04; Ct Rptr: Stuhr for date of 04/25/03; Ct Rptr: Cynthia Fazio for dates of 04/28/03, 05/13/03; Ct Rptr: Takeda for date of 05/12/03 [138-1] (afc) |
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| 2004-06-17 |
142 |
0 |
Appeal Record Sent to USCA |
AMENDED APPEAL Certificate of Record Transmitted to 9CCA regarding [124-1] appeal by Rick K. Vo (cc: all counsel) (afc) |
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| 2004-06-30 |
143 |
0 |
Designation of Record on Appeal |
CERTIFICATE of Record Transmitted to 9th CCA as to defendant Rick Vo (sealed) |
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| 2004-09-14 |
144 |
0 |
Appeal Record Sent to USCA |
Original Record, transcripts, sealed documents, docket sheet transmitted to Clerk, 9CCA re: USA vs. RICK VO (cc: all counsel) (afc) |
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| 2005-01-04 |
145 |
0 |
Motion to Vacate/Set Aside/Correct Sentence (2255) |
PETITION Pursuant to 28:2255 by Brenda Maria Cooper Vo filed as Civil Case # 05-00005HG-LEK referred to Judge Helen Gillmor (cc: AUSA) [NOTE: This is Transfer from USDC Central District of California, Eastern Division - Riverside; received petition, Application to proceed IFP; docket sheet](afc) Modified on 01/05/2005 |
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| 2005-02-14 |
146 |
0 |
Motion for Miscellaneous Relief |
REQUEST by USA for additional time to respond to defendant Brenda Maria Cooper Vo's motion to vacate sentence under 28 USC 2255 - referred to Judge Helen Gillmor (afc) |
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| 2005-02-17 |
147 |
0 |
Minutes - Miscellaneous |
EO: MINUTE ORDER On December 3, 2004, Petitioner filed a Motion under 28 U.S.C. 2255 in the United States District Court for the Central District of California. The case was transferred to the District of Hawaii and filed on January 4, 2005. On February 14, 2005, the Government filed a motion entitled "UNITED STATES' REQUEST FOR ADDITIONAL TIME TO RESPOND TO DEFENDANT'S MOTION TO VACATE SENTENCE UNDER 28 U.S.C. 2255." The Government's request is GRANTED. The Government shall respond to Petitioner's Motion by March 18, 2005. IT IS SO ORDERED [146-1] Judge Helen Gillmor (gs) |
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| 2005-03-16 |
148 |
0 |
Motion for Miscellaneous Relief |
MOTION to declare attorney-client privilege waived and to request additional time to respond to defendant's motion to vacate sentence under 28 USC 2255 by USA as to Brenda Maria Cooper Vo ; exhibit 1 - referred to Judge Helen Gillmor (afc) |
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| 2005-03-21 |
149 |
0 |
Order |
EO: On December 3, 2004, Movant filed a Motion under 28 U.S.C. 2255 in the United States District Court for the Central District of California. The case was transferred to the District of Hawaii and filed on January 4, 2005. On February 17, 2005, the Court filed an Order extending the Government's time to respond to March 18, 2005. On March 16, 2005, the Government filed a motion entitled MOTION TO DECLARE ATTORNEY-CLIENT PRIVILEGE WAIVED AND TO REQUEST ADDITIONAL TIME TO RESPOND TO DEFENDANT'S MOTION TO VACATE SENTENCE UNDER 28 U.S.C. 2255. Given the Government's need for additional time to secure the transcripts from the hearing on Movant's change of plea motion, and to procure a declaration from Movant's defense counsel, the present motion is GRANTED. The Government has moved the Court to issue an Order which finds that as a matter of law, Movant has waived attorney-client privilege. The Court agrees. By filing the motion claiming ineffective assistance of counsel, movant has waived her attorney-client privilege with Mr. Klein, her defense counsel, as to all matters raised in her 2255 motion. Good cause appearing therefore, it is hereby ORDERED that Movant has waived the attorney-client privilege as to communications with Mr. Klein. Bittaker v. Woodford, 331 F.3d 715, 722 (9th Cir. 2003), cert. denied, 122 S. Ct. 580 (2000). The Government shall respond to the 2255 Motion by April 18, 2005. IT IS SO ORDERED. cc: above counsel (Thomas Muehleck, Esq.; Brenda Maria Cooper Vo, pro se); Judge Gillmor's chambers [145-1] [146-1], [148-1] JUDGE HELEN GILLMOR (afc) |
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| 2005-04-19 |
150 |
0 |
Request |
United States' REQUEST for Additional Time to Respond to Defendant's Motion to Vacate Sentence Under 28 U.S.C. 2255 (gs) |
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| 2005-04-26 |
151 |
0 |
Order |
COURT ACTION: MINUTE ORDER - On December 3, 2004, Movant filed a Motion under 28 U.S.C. 2255 in the United States District Court for the Central District of California. The case was transferred to the District of Hawaii and filed on January 4, 2005. On February 17, 2005, the Court filed an Order extending the Government's time to respond to March 18, 2005. On March 21, 2004, the Court filed an Order extending the Government's time to respond to April 18, 2005. On April 19, 2005, the Government filed a motion entitled UNITED STATES' REQUEST FOR ADDITIONAL TIME TO RESPOND TO DEFENDANT'S MOTION TO VACATE SENTENCE UNDER 28 U.S.C.2255. The Government claims that due to the large number of habeas motions it has recently received, it has been unable to secure transcripts from Movant's sentencing hearing. Given the Government's need for additional time to secure transcripts, the present motion is GRANTED. The Government shall respond to the 2255 Motion by May 18, 2005. IT IS SO ORDERED.cc: above counsel [Thomas Muehleck; Brenda Marie Cooper Vo, Pro Se]; Judge Gillmor's chambers [150-1] JUDGE HELEN GILLMOR (afc) |
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| 2005-05-20 |
152 |
0 |
Request |
REQUEST by plaintiff USA for additional time to respond to defendant's motion to vacate sentence under 28 USC 2255 (ecs) |
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| 2005-05-25 |
153 |
0 |
Order |
EO: MINUTE ORDER by JUDGE HELEN GILLMOR - On December 3, 2004, Movant filed a Motion under 28 U.S.C. 2255 in the United States District Court for the Central District of California. The case was transferred to the District of Hawaii and filed on January 4, 2005. The Court has granted the Government three extensions of time to respond to the habeas motion. On May 20, 2005, the Government filed a motion entitled UNITED STATES' REQUEST FOR ADDITIONAL TIME TO RESPOND TO DEFENDANT'S MOTION TO VACATE SENTENCE UNDER 28 U.S.C. 2255. The Government contends that it has been unable to secure the transcripts of the change of plea and sentencing hearings. Given the Government's need for additional time to secure transcripts, the present motion is GRANTED. The Government shall respond to the 2255 Motion by June 10, 2005. IT IS SO ORDERED. cc: above counsel (Thomas Muehleck, Esq., AUSA; Brenda Maria Cooper Vo, Pro-Se; Judge Gillmor's chambers) [152-1] (afc) |
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| 2005-06-09 |
154 |
0 |
Response to Motion |
United States' RESPONSE to Defendant defendant Brenda Maria Cooper Vo's motion under 28 U.S.C. section 2255 to vacate, set aside, or correct sentence [145-1]; exhibits 1-8; certificate of service (SEALED) (bbb) |
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| 2005-07-01 |
155 |
0 |
Appeal Record Returned |
APPEAL Record returned to District Court by 9CCA regarding [124-1] (USA vs. Rick Vo appeal) (afc) |
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| 2005-08-12 |
157 |
0 |
Order |
ORDER by Judge Helen Gillmor denying motion under 28 U.S.C. 2255 to vacate, set aside or correct sentence and denying application to proceed without prepayment of fees [145-1] (cc: all counsel) (gab) |
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| 2005-08-29 |
158 |
0 |
Order |
MINUTE ORDER by Judge Alan C. Kay - In May 2003 a jury found defendant Rick K. Vo guilty of one count, aiding and abetting possession with intent to distribute in excess of 50 grams of methamphetamine in violation of 21 USC 841(a)(1) and 18 USC 2. On December 15, 2003 the Court sentenced Defendant to 262 months imprisonment. Defendant appealed, and on August 9, 2005 the Ninth Circuit Court of Appeals, having affirmed the District Court's judgment on June 27, 2005, issued an order remanding the case to the District Court solely for the purpose of sentencing consistent with "U.S. v. Ameline" 409 F.3d 1073, 1085 (9th Cir. 2005), which instructs the District Court to review Defendant's sentence to determine if it would have sentenced Defendant differently pursuant to an advisory Guidelines system in accordance with "U.S. v. Booker", 125 S.Ct. 738 (2005). The parties are given until September 28, 2005 to submit written arguments as to whether Defendant's sentence should be changed in light of "Ameline." The Court presided over the trial of Defendant. The Court shall review the sentence based on the record, the evidence presented at the trial, and written arguments presented by the parties. Pursuant to "Ameline," Defendant's sentencing shall be reviewed without a hearing unless, after considering the above, the Court determines that the sentence imposed would have differed materially if the Court were applying the Guidelines as advisory rather than mandatory. IT IS SO ORDERED. Dated: Honolulu, Hawaii this 29 day of August. JUDGE ALAN C. KAY (cc: Thomas Muehleck, Esq., AUSA; Peter C. Wolff, Jr., Esq., FPD; Michael A. Weight, Esq., AFPD) (afc) |
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| 2005-09-07 |
159 |
0 |
Response to Motion |
Government's Position regarding limited remand procedures pursuant to "United States v. Ameline;" memorandum of law; certificate of service [re: USA vs. (01) Rick K. Vo] [158-1] (afc) |
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| 2005-09-21 |
162 |
0 |
Order |
ORDER declining to resentence defendant and adopting the judgment of December 15, 2003 by Judge Alan C. Kay - as to defendant Rick K. Vo [156-1] (cc: counsel, USM, PTS, USPO, order file) (afc) Additional attachment(s) added on 8/4/2006 (bbb, ). |
2010-02-15 00:40:25 |
20a5782dc7a4d1578bd60d8287f8121e6907b0e0 |