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APPEAL,TERMED

U.S. District Court
District of Hawaii (Hawaii)
CRIMINAL DOCKET FOR CASE #: 1:00-cr-00192-MLR-2


Case title: USA v. Rodriguez, et al
Date Filed: 05/04/2000
Date Terminated: 10/31/2002
Assigned to: JUDGE MANUEL L. REAL

Defendant (2)
Roberta L.K. Cabral
TERMINATED: 10/31/2002 		represented byClifford B. Hunt
Law Office of Clifford Hunt
333 Queen St Ste 612
Honolulu, HI 96813-0003
545-4050
Fax: 544-0007
Email: notguilty007@gmail.com
TERMINATED: 06/25/2002
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: CJA Appointment

Howard T. Chang
Howard T. Chang Attorney at Law, A Law Corporation
Pauahi Tower
1003 Bishop St Ste 475
Honolulu, HI 96813
533-2877
Fax: 531-4747
Email: howardchang.crimtaxatty@hawaiiantel.net
TERMINATED: 05/21/2001
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Michael Jay Green
841 Bishop Street, Suite 2201
Honolulu, Hi 96813
521-3336
Email: michaeljgreen@hawaii.rr.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
Disposition
18:1343 and 2 FRAUD BY WIRE, RADIO, OR TELEVISION
(1ssss)		 Sentence as to Counts 1, 9, 10 and 11 of the Fourth Superseding Indictment-Defendant Present not in Custody. The Court adopts the factual findings and guideline application in the pressentence report except as to Paragraph 68, Paragraph 70 and Paragr Sentence as to Counts 1, 9, 10 and 11 of the Fourth Superseding Indictment-Defendant Present not in Custody. The Court adopts the factual findings and guideline application in the pressentence report except as to Paragraph 68, Paragraph 70 and Paragr aph 72. Defendant addresses the Court. Sentence as to Counts 1, 9, 10 and 11 of the Fourth Superseding Indictment- Imprisonment-10 Months as to each Count, with all terms to run concurrently. Defendant's Oral Motion to Self Surrender at the Pris aph 72. Defendant addresses the Court. Sentence as to Counts 1, 9, 10 and 11 of the Fourth Superseding Indictment- Imprisonment-10 Months as to each Count, with all terms to run concurrently. Defendant's Oral Motion to Self Surrender at the Pris on Facility designated by the Bureau of Prisons-Granted. Mittimus Stayed to January 13, 2003 by 2:00 p.m. (Local Time of Prison Facility) Court recommends Prison Facilities-1. Dublin, Oregon 2. Phoenix Supervised Release-3 Years as to Counts 1, 9 and on Facility designated by the Bureau of Prisons-Granted. Mittimus Stayed to January 13, 2003 by 2:00 p.m. (Local Time of Prison Facility) Court recommends Prison Facilities-1. Dublin, Oregon 2. Phoenix Supervised Release-3 Years as to Counts 1, 9 and 10 and 1 year as to Count 11, with all terms to run concurrently. Special Conditions of Supervised Release- 1.That the defendant shall abide by the standard conditions of supervision. 2.That the defendant not commit any crimes, federal, state, or lo 10 and 1 year as to Count 11, with all terms to run concurrently. Special Conditions of Supervised Release- 1.That the defendant shall abide by the standard conditions of supervision. 2.That the defendant not commit any crimes, federal, state, or lo cal (mandatory condition). 3.That the defendant not possess illegal controlled substances (mandatory condition) 4.That the defendant shall refrain from any nlawful use of a controlled substance. The defendant shall submit to one drug test within 15 d cal (mandatory condition). 3.That the defendant not possess illegal controlled substances (mandatory condition) 4.That the defendant shall refrain from any nlawful use of a controlled substance. The defendant shall submit to one drug test within 15 d ays of release from imprisonment and at least two drug tests thereafter, as directed by the Probation Office (mandatory condition). 5.That the defendant is prohibited from possessing a firearm as defined in 18 U.S.C. 921. 6.That the defendant is proh ays of release from imprisonment and at least two drug tests thereafter, as directed by the Probation Office (mandatory condition). 5.That the defendant is prohibited from possessing a firearm as defined in 18 U.S.C. 921. 6.That the defendant is proh ibited from possessing any illegal or dangerous weapons. 7.That restitution of $25,000 is due immediately and any remaining balance upon release from confinement be paid during the period of supervision on an installment basis according to the c ibited from possessing any illegal or dangerous weapons. 7.That restitution of $25,000 is due immediately and any remaining balance upon release from confinement be paid during the period of supervision on an installment basis according to the c ollection policy of the Probation Office but at a rate of not less than 10 percent of his/her monthly gross income. Interest, if applicable, is waived while the defendant is serving his term of imprisonment and shall commence to accrue on any remaini ollection policy of the Probation Office but at a rate of not less than 10 percent of his/her monthly gross income. Interest, if applicable, is waived while the defendant is serving his term of imprisonment and shall commence to accrue on any remaini ng balance upon her release on supervision. 8.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& ng balance upon her release on supervision. 8.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& #039;s examinations as directed by the Probation Office. 9. That the defendant cooperate with the Internal Revenue Service (IRS), in the filing of all past due tax returns and payment of all taxes. 10.That the defendant shall submit his or her person #039;s examinations as directed by the Probation Office. 9. That the defendant cooperate with the Internal Revenue Service (IRS), in the filing of all past due tax returns and payment of all taxes. 10.That the defendant shall submit his or her 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 release. Failu , 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 release. Failu re 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. 11.That the defendant perform 2,500 hours of community service as directed by t re 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. 11.That the defendant perform 2,500 hours of community service as directed by t he Probation Office. No Fine. Special Assessment-$275.00 (As to Count 1-$50, Counts 9 and 10-$100 and Count 11-$25 Court accepts the Plea Agreement. Government's Oral Motion to Dismiss Counts 2 through 8 and Counts 12 through he Probation Office. No Fine. Special Assessment-$275.00 (As to Count 1-$50, Counts 9 and 10-$100 and Count 11-$25 Court accepts the Plea Agreement. Government's Oral Motion to Dismiss Counts 2 through 8 and Counts 12 through 14 of the Fourth Superseding Indictment. Upon the Defendant's Self Surrender on January 13, 2003-Bond will be exonerated at that time. 14 of the Fourth Superseding Indictment. Upon the Defendant's Self Surrender on January 13, 2003-Bond will be exonerated at that time.
26:7201 ATTEMPT TO EVADE OR DEFEAT TAX
(9ssss-10ssss)		 Sentence as to Counts 1, 9, 10 and 11 of the Fourth Superseding Indictment-Defendant Present not in Custody. The Court adopts the factual findings and guideline application in the pressentence report except as to Paragraph 68, Paragraph 70 and Paragr Sentence as to Counts 1, 9, 10 and 11 of the Fourth Superseding Indictment-Defendant Present not in Custody. The Court adopts the factual findings and guideline application in the pressentence report except as to Paragraph 68, Paragraph 70 and Paragr aph 72. Defendant addresses the Court. Sentence as to Counts 1, 9, 10 and 11 of the Fourth Superseding Indictment- Imprisonment-10 Months as to each Count, with all terms to run concurrently. Defendant's Oral Motion to Self Surrender at the Pris aph 72. Defendant addresses the Court. Sentence as to Counts 1, 9, 10 and 11 of the Fourth Superseding Indictment- Imprisonment-10 Months as to each Count, with all terms to run concurrently. Defendant's Oral Motion to Self Surrender at the Pris on Facility designated by the Bureau of Prisons-Granted. Mittimus Stayed to January 13, 2003 by 2:00 p.m. (Local Time of Prison Facility) Court recommends Prison Facilities-1. Dublin, Oregon 2. Phoenix Supervised Release-3 Years as to Counts 1, 9 and on Facility designated by the Bureau of Prisons-Granted. Mittimus Stayed to January 13, 2003 by 2:00 p.m. (Local Time of Prison Facility) Court recommends Prison Facilities-1. Dublin, Oregon 2. Phoenix Supervised Release-3 Years as to Counts 1, 9 and 10 and 1 year as to Count 11, with all terms to run concurrently. Special Conditions of Supervised Release- 1.That the defendant shall abide by the standard conditions of supervision. 2.That the defendant not commit any crimes, federal, state, or lo 10 and 1 year as to Count 11, with all terms to run concurrently. Special Conditions of Supervised Release- 1.That the defendant shall abide by the standard conditions of supervision. 2.That the defendant not commit any crimes, federal, state, or lo cal (mandatory condition). 3.That the defendant not possess illegal controlled substances (mandatory condition) 4.That the defendant shall refrain from any nlawful use of a controlled substance. The defendant shall submit to one drug test within 15 d cal (mandatory condition). 3.That the defendant not possess illegal controlled substances (mandatory condition) 4.That the defendant shall refrain from any nlawful use of a controlled substance. The defendant shall submit to one drug test within 15 d ays of release from imprisonment and at least two drug tests thereafter, as directed by the Probation Office (mandatory condition). 5.That the defendant is prohibited from possessing a firearm as defined in 18 U.S.C. 921. 6.That the defendant is proh ays of release from imprisonment and at least two drug tests thereafter, as directed by the Probation Office (mandatory condition). 5.That the defendant is prohibited from possessing a firearm as defined in 18 U.S.C. 921. 6.That the defendant is proh ibited from possessing any illegal or dangerous weapons. 7.That restitution of $25,000 is due immediately and any remaining balance upon release from confinement be paid during the period of supervision on an installment basis according to the c ibited from possessing any illegal or dangerous weapons. 7.That restitution of $25,000 is due immediately and any remaining balance upon release from confinement be paid during the period of supervision on an installment basis according to the c ollection policy of the Probation Office but at a rate of not less than 10 percent of his/her monthly gross income. Interest, if applicable, is waived while the defendant is serving his term of imprisonment and shall commence to accrue on any remaini ollection policy of the Probation Office but at a rate of not less than 10 percent of his/her monthly gross income. Interest, if applicable, is waived while the defendant is serving his term of imprisonment and shall commence to accrue on any remaini ng balance upon her release on supervision. 8.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& ng balance upon her release on supervision. 8.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& #039;s examinations as directed by the Probation Office. 9. That the defendant cooperate with the Internal Revenue Service (IRS), in the filing of all past due tax returns and payment of all taxes. 10.That the defendant shall submit his or her person #039;s examinations as directed by the Probation Office. 9. That the defendant cooperate with the Internal Revenue Service (IRS), in the filing of all past due tax returns and payment of all taxes. 10.That the defendant shall submit his or her 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 release. Failu , 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 release. Failu re 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. 11.That the defendant perform 2,500 hours of community service as directed by t re 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. 11.That the defendant perform 2,500 hours of community service as directed by t he Probation Office. No Fine. Special Assessment-$275.00 (As to Count 1-$50, Counts 9 and 10-$100 and Count 11-$25 Court accepts the Plea Agreement. Government's Oral Motion to Dismiss Counts 2 through 8 and Counts 12 through he Probation Office. No Fine. Special Assessment-$275.00 (As to Count 1-$50, Counts 9 and 10-$100 and Count 11-$25 Court accepts the Plea Agreement. Government's Oral Motion to Dismiss Counts 2 through 8 and Counts 12 through 14 of the Fourth Superseding Indictment. Upon the Defendant's Self Surrender on January 13, 2003-Bond will be exonerated at that time. 14 of the Fourth Superseding Indictment. Upon the Defendant's Self Surrender on January 13, 2003-Bond will be exonerated at that time.
26:7203 WILLFUL FAILURE TO FILE RETURN/INFORMATION, ETC.
(11ssss)		 Sentence as to Counts 1, 9, 10 and 11 of the Fourth Superseding Indictment-Defendant Present not in Custody. The Court adopts the factual findings and guideline application in the pressentence report except as to Paragraph 68, Paragraph 70 and Paragr Sentence as to Counts 1, 9, 10 and 11 of the Fourth Superseding Indictment-Defendant Present not in Custody. The Court adopts the factual findings and guideline application in the pressentence report except as to Paragraph 68, Paragraph 70 and Paragr aph 72. Defendant addresses the Court. Sentence as to Counts 1, 9, 10 and 11 of the Fourth Superseding Indictment- Imprisonment-10 Months as to each Count, with all terms to run concurrently. Defendant's Oral Motion to Self Surrender at the Pris aph 72. Defendant addresses the Court. Sentence as to Counts 1, 9, 10 and 11 of the Fourth Superseding Indictment- Imprisonment-10 Months as to each Count, with all terms to run concurrently. Defendant's Oral Motion to Self Surrender at the Pris on Facility designated by the Bureau of Prisons-Granted. Mittimus Stayed to January 13, 2003 by 2:00 p.m. (Local Time of Prison Facility) Court recommends Prison Facilities-1. Dublin, Oregon 2. Phoenix Supervised Release-3 Years as to Counts 1, 9 and on Facility designated by the Bureau of Prisons-Granted. Mittimus Stayed to January 13, 2003 by 2:00 p.m. (Local Time of Prison Facility) Court recommends Prison Facilities-1. Dublin, Oregon 2. Phoenix Supervised Release-3 Years as to Counts 1, 9 and 10 and 1 year as to Count 11, with all terms to run concurrently. Special Conditions of Supervised Release- 1.That the defendant shall abide by the standard conditions of supervision. 2.That the defendant not commit any crimes, federal, state, or lo 10 and 1 year as to Count 11, with all terms to run concurrently. Special Conditions of Supervised Release- 1.That the defendant shall abide by the standard conditions of supervision. 2.That the defendant not commit any crimes, federal, state, or lo cal (mandatory condition). 3.That the defendant not possess illegal controlled substances (mandatory condition) 4.That the defendant shall refrain from any nlawful use of a controlled substance. The defendant shall submit to one drug test within 15 d cal (mandatory condition). 3.That the defendant not possess illegal controlled substances (mandatory condition) 4.That the defendant shall refrain from any nlawful use of a controlled substance. The defendant shall submit to one drug test within 15 d ays of release from imprisonment and at least two drug tests thereafter, as directed by the Probation Office (mandatory condition). 5.That the defendant is prohibited from possessing a firearm as defined in 18 U.S.C. 921. 6.That the defendant is proh ays of release from imprisonment and at least two drug tests thereafter, as directed by the Probation Office (mandatory condition). 5.That the defendant is prohibited from possessing a firearm as defined in 18 U.S.C. 921. 6.That the defendant is proh ibited from possessing any illegal or dangerous weapons. 7.That restitution of $25,000 is due immediately and any remaining balance upon release from confinement be paid during the period of supervision on an installment basis according to the c ibited from possessing any illegal or dangerous weapons. 7.That restitution of $25,000 is due immediately and any remaining balance upon release from confinement be paid during the period of supervision on an installment basis according to the c ollection policy of the Probation Office but at a rate of not less than 10 percent of his/her monthly gross income. Interest, if applicable, is waived while the defendant is serving his term of imprisonment and shall commence to accrue on any remaini ollection policy of the Probation Office but at a rate of not less than 10 percent of his/her monthly gross income. Interest, if applicable, is waived while the defendant is serving his term of imprisonment and shall commence to accrue on any remaini ng balance upon her release on supervision. 8.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& ng balance upon her release on supervision. 8.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& #039;s examinations as directed by the Probation Office. 9. That the defendant cooperate with the Internal Revenue Service (IRS), in the filing of all past due tax returns and payment of all taxes. 10.That the defendant shall submit his or her person #039;s examinations as directed by the Probation Office. 9. That the defendant cooperate with the Internal Revenue Service (IRS), in the filing of all past due tax returns and payment of all taxes. 10.That the defendant shall submit his or her 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 release. Failu , 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 release. Failu re 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. 11.That the defendant perform 2,500 hours of community service as directed by t re 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. 11.That the defendant perform 2,500 hours of community service as directed by t he Probation Office. No Fine. Special Assessment-$275.00 (As to Count 1-$50, Counts 9 and 10-$100 and Count 11-$25 Court accepts the Plea Agreement. Government's Oral Motion to Dismiss Counts 2 through 8 and Counts 12 through he Probation Office. No Fine. Special Assessment-$275.00 (As to Count 1-$50, Counts 9 and 10-$100 and Count 11-$25 Court accepts the Plea Agreement. Government's Oral Motion to Dismiss Counts 2 through 8 and Counts 12 through 14 of the Fourth Superseding Indictment. Upon the Defendant's Self Surrender on January 13, 2003-Bond will be exonerated at that time. 14 of the Fourth Superseding Indictment. Upon the Defendant's Self Surrender on January 13, 2003-Bond will be exonerated at that time.

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
18:1343.F FRAUD BY WIRE, RADIO, OR TELEVISION 05/09/95, 05/18/95, 06/06/95, 06/14/96, 09/05/95 CTS 1-5
(1-5)		 Superseding Indictment filed
18:1343 FRAUD BY WIRE and Aiding and Abetting wire fraud
(1s-8s)		 Superseding Indictment filed
18:1343.F FRAUD BY WIRE, RADIO, OR TELEVISION CTS 1-8
(1ss-8ss)		 Superseding Indictment filed
18:1343.F FRAUD BY WIRE, RADIO, OR TELEVISION CTS 1-8
(1sss-8sss)		 Superseding Indictment filed
18:1343 and 2 FRAUD BY WIRE, RADIO, OR TELEVISION
(2ssss-8ssss)		 Superseding Indictment filed
26:7201.F ATTEMPT TO EVADE OR DEFEAT TAX CT 9
(9ss)		 Superseding Indictment filed
26:7201.F ATTEMPT TO EVADE OR DEFEAT TAX CTS 9-10
(9sss-10sss)		 Superseding Indictment filed
26:7201.F ATTEMPT TO EVADE OR DEFEAT TAX CT 10
(10ss)		 Superseding Indictment filed
26:7203D.F WILLFUL FAILURE TO FILE RETURN/INFORMATION, ETC. CT 11
(11ss)		 Superseding Indictment filed
26:7203D.F WILLFUL FAILURE TO FILE RETURN/INFORMATION, ETC. CT 11
(11sss)		 Superseding Indictment filed
42:408.F MISUSE OF SOCIAL SECURITY NUMBER CT 12
(12sss)		 Superseding Indictment filed
42:408(a)(7)(B) MISUSE OF SOCIAL SECURITY NUMBER
(12ssss)		 Superseding Indictment filed
18:1956(h) MONEY LAUNDERING Conspiracy - FRAUD, OTHER
(13ssss)		 Superseding Indictment filed
18:982 CRIMINAL FORFEITURE
(14ssss)		 Superseding Indictment filed

Highest Offense Level (Terminated)
Felony

Complaints
Disposition
None

Plaintiff
USA represented byMarshall H Silverberg
Office of the United States Attorney
Prince Kuhio Federal Building
300 Ala Moana Blvd Ste 6100
Honolulu, HI 96850
541-2850
Email: marshall.silverberg@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
05/04/20001 EP: INDICTMENT by USA Counts filed against Roderick Rodriguez (1) count(s) 1-5, Roberta L.K. Cabral (2) count(s) 1-5; BW ordered ( Bruce Getman ) by Mag Judge KOBAYASHI (sealed) (Entered: 05/05/2000)
05/04/20003 ARREST Warrant issued for Roberta L.K. Cabral bail set for NO BAIL by Mag Judge Leslie E. Kobayashi (sealed) (Entered: 05/05/2000)
05/05/20004 EP: MINUTES: A & P - deft Cabral present. Arrn waived. Plea of NOT GUILTY entered. Case unsealed. Dates given: JS/JT 7-5-00 @ 9, DAE. Chang's oral M/Continue Trial GRANTED. New dates given: Final Pretrial Conference 8-21-00 @ 10, FIY. JS/JT 9-19-00 @ 9, DAE. Motions due 7-5-00. Response due 7-19-00. Silverberg to prepare order excluding time from 7-5-00 to 9-19-00 for continuity of counsel and interest of justice. Bail set at: (7a) Execute a bond in the amount of $20,000.00 secured with $5,000.00 cash to be posted by 3 p.m. on 5-8-00. (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: 5-6-00 to Office of Pretrial Service. (7h) Travel is restricted to: Island of Oahu. Other conditions: Provide Pretrial Services with any requested financial information. , , case unsealed ; Roberta L.K. Cabral Attorney Howard T. Chang, Marshall H Silverberg present ( Ct Rptr: Tape) by Mag Judge KURREN (sealed) (Entered: 05/08/2000)
05/05/20005 NOTICE and Receipt of Passport as to deft. Roberta Cabral - 120704917 (placed in vault) (sealed) (Entered: 05/08/2000)
05/08/20006 APPEARANCE BOND ( $20,000.00 unsecured) posted by Roberta L.K. Cabral signed by Judge KURREN (gab) (Entered: 05/08/2000)
05/08/20007 ORDER Setting Conditions of Release for Roberta L.K. Cabral ( $20,000.00 unsecured w/$5,000.00 cash to be posted by 5/8/00 ) by Mag Judge Barry M. Kurren (gab) (Entered: 05/08/2000)
05/08/20008 ORDER Setting Conditions of Release for Roberta L.K. Cabral ( $20,000.00/$5,000.00 cash posted ) by Mag Judge Barry M. Kurren (sealed) (Entered: 05/09/2000)
05/08/20009 AFFIDAVIT re Cash Bail or Security, Roberta Cabral ($ 5,000.00) (gab) (Entered: 05/09/2000)
05/09/200011 ARREST Warrant returned executed as to Roberta L.K. Cabral on 5/5/00 (gab) (Entered: 05/10/2000)
05/09/200012 APPEARANCE BOND ( $20,000.00/$5,000.00 CASH) posted by Roberta L.K. Cabral signed by Judge KURREN (gab) (Entered: 05/10/2000)
05/09/200013 ORDER Setting Conditions of Release for Roberta L.K. Cabral ( $20,000.00/$5,000.00 CASH posted ) by Mag Judge Barry M. Kurren (gab) (Entered: 05/10/2000)
05/09/200016 EO: MINUTES On May 8, 2000, defendant Roderick Rodriguez was arrested with more than $7,000.00 in cash in his possession. The government has agreed that $5,000.00 of that $7,000.00 may be used to satisfy the cash portion of the defendant's bond. Therefore, it is hereby ordered that the Federal Bureau of Investigation transfer $5,000.00 of the money seized to the Clerk of Court to be used as the cash portion of the defendant's bond. by Mag Judge KURREN (gab) (Entered: 05/11/2000)
05/10/200017 AFFIDAVIT re Cash Bail or Security, Special Agent Cindy Maglasang ($ 5,000.00) as to deft. Roderick Rodriguez (gab) (Entered: 05/11/2000)
05/18/200019 EP: MINUTES: Roberta Cabral's M/Permission to travel outside the district of Hawaii granted under certain conditions. 1) Deft. permitted to travel to New Zealand. Travel must occur on 5/19/00. Clerk may return deft's passport to her no earlier than 2 p.m. on 5/19/00. If Silverberg takes an appeal, the appeal must be heard and ruled upon before the passport is returned. 2) Jay Suemori to sign as third-party custodian during the trip. All other conditions to remain the same. Attorney Marshall H Silverberg, Howard T. Chang present ( Ct Rptr: Tape) by Mag Judge KURREN (gab) (Entered: 05/23/2000)
05/18/200020 Government's APPEAL of Magistrate Judge Kurren's Order granting the motion by defendant Roberta Cabral for permission to travel outside the District of Hawaii and for Temporary return of her passport Exhibit 1; certificate of service (gab) (Entered: 05/23/2000)
05/18/200021 Notice of Motion and MOTION for permission to travel outside the district of Hawaii and for temporary return of passport by defendant Roberta L.K. Cabral Memorandum in Support of motion; declaration of counsel; Exhibits A & B; Motion hearing set for 05/18/00 @ 3:00 p.m. (BMK) (gab) (Entered: 05/23/2000)
05/18/200022 NOTICE of hearing on government's appeal of Magistrate Judge Kurren's Order granting the motion by defendant Roberta Cabral for Permission to Travel Outside the District of Hawaii and for Temporary Return of Her Passport is set for May 19, 2000 @ 3:00 p.m. before the Honorable Helen Gillmor. (gab) (Entered: 05/23/2000)
05/19/200023 Defendant Roberta L.K. Cabral's response to Government's appeal of Magistrate Judge Kurren's Order granting the Motion by Defendant Roberta Cabral for Permission to travel outside the district of Hawaii and for temporary return of her passport (gab) (Entered: 05/23/2000)
05/19/200024 EP: MINUTES: APPEAL of Magistrate Judge Kurren's Order granting the motion by defendant Roberta Cabral for permission to travel outside the District of Hawaii and for Temporary return of her passport [20-1] Arguments made. The defendant was questioned by the Court. The magistrate judge's order is affirmed; Roberta L.K. Cabral, Jay Suemori, third party custodian, Julie Wall PTS, Attorney Marshall H Silverberg, Howard T. Chang present ( Ct Rptr: Stephen Platt) by Judge GILLMOR (gab) Modified on 05/23/2000 (Entered: 05/23/2000)
05/19/200025 Return of Passport - 120704917 to Roberta Cabral (gab) (Entered: 05/23/2000)
05/19/200026 ORDER Granting Defendant Roberta L.K. Cabral's Motion for Permission to Travel Outside the District of Hawaii and for Temporary return of passport by Mag Judge Barry M. Kurren (gab) (Entered: 05/24/2000)
05/22/200027 APPEARANCE BOND ( $20,000.00 secured by $5,000.00 cash) posted by Roberta L.K. Cabral signed by Judge GILLMOR (gab) (Entered: 05/24/2000)
05/22/200028 ORDER Setting Conditions of Release for Roberta L.K. Cabral ( $20,000.00/$5,000.00 cash posted ) by Judge Helen Gillmor (gab) (Entered: 05/24/2000)
05/30/200029 NOTICE and Receipt of Passport as to Roberta L.K. Cabral- 120704917 (placed in vault) (gab) (Entered: 06/01/2000)
06/14/200030 ORDER Continuing the Trial and Finding excludable time pursuant to the Speedy Trial Act; Certificate of Service by Mag Judge Barry M. Kurren ; jury trial set for 9:00 9/19/00; Time excluded for Roderick Rodriguez, for Roberta L.K. Cabral: 7/5/00 - 9/19/00 (gs) (Entered: 06/19/2000)
07/24/200031 NOTICE - Final Pretrial Conference set for 10:00 8/21/00 is moved to 1:00 8/21/00 before Mag Judge Kobayashi; cc: Marshall Silverberg, Peter Wolff, Howard Chang (gs) (Entered: 07/26/2000)
07/27/200032 EP: SUPERSEDING INDICTMENT by USA; naming Roderick Rodriguez, Roberta L.K. Cabral counts filed against Rodriguez (1) count(s) 1s-8s, Roberta L.K. Cabral (2) count(s) 1s-8s ordered (Marjann Shawler) by Mag Judge Yamashita (gs) (Entered: 07/28/2000)
07/28/200034 PS issued as to Roberta L.K. Cabral ; arraignment set for 10:00 8/7/00 for Roberta L.K. Cabral before Mag Judge M. Kurren (gs) (Entered: 08/01/2000)
08/03/200035 PS executed on 8/1/00 as to Roberta L.K. Cabral - RRR 8/2/00 (gab) (Entered: 08/04/2000)
08/07/200036 EP: MINUTES: A & P to First Superseding Indictment as to 02 Cabral - deft present. Arrn waived. Plea of NOT GUILTY entered. Dates given: JS/JT 10-11-00 @ 9, DAE. Final Pretrial Conference 9-11-00 @ 10, FIY. Motions due 8-21-00. Response due 9-5-00. Bail to continue. Silverberg to prepare order excluding time from 9-19-00 to 10-11-00 for continuity of counsel and to allow counsel to prepare for trial. 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. A & P to First Superseding Indictment as to 01 Roderick Rodriguez - deft not present. A & P cont to 8-8-00 @ 3, BMK. Attorney Howard T. Chang, Peter Wolff, Marshall H Silverberg present ( Ct Rptr: Tape) by Mag Judge KURREN (gab) (Entered: 08/09/2000)
08/08/200037 EO: MINUTES A&P to First Superseding indictment as to 01 Roderick rodriguez set for hearing on 8/8/00 not held. by Mag Judge KURREN (gab) (Entered: 08/10/2000)
08/10/200038 Notice of Motion and MOTION for permission to travel outside the district of Hawaii by defendant Roberta L.K. Cabral memorandum in support of motion; declaration of counsel; exhibits A & B; Motion hearing set for 08/14/00 @ 10:00 a.m. (BMK) (gab) (Entered: 08/11/2000)
08/14/200039 MEMORANDUM of the United States in opposition to defendant Cabral's motion for permission to travel outside the district of Hawaii by defendant Roberta L.K. Cabral [38-1]; declaration of Marshall Silverberg; exhibits 1-5; certificate of service (gab) (Entered: 08/15/2000)
08/14/200040 Supplemental DECLARATION of Marshall Silverberg; exhibits 1-2 (SEALED) (gab) (Entered: 08/15/2000)
08/14/200042 EP: MINUTES: M/Permission to Travel as to 02 Roberta Cabral - deft present. Govt withdrew objection to the motion. Motion GRANTED as to this trip only. Deft to provide Pretrial Service with her itinerary. [38-1] ; Roberta L.K. Cabral Attorney Marshall H Silverberg, Howard T. Chang present ( Ct Rptr: Tape) by Mag Judge KURREN (gab) (Entered: 08/17/2000)
08/15/200043 ORDER by Mag Judge Barry M. Kurren granting motion for permission to travel outside the district of Hawaii by defendant Roberta L.K. Cabral [38-1] (gab) (Entered: 08/17/2000)
08/25/200045 Second ORDER continuing the trial and finding excludable time pursuant to the speedy trial act by Mag Judge Barry M. Kurren ; jury trial set for 9:00 10/11/00 for Roberta L.K. Cabral , time from 9/19/00 through 10/11/00 is excluded under the speedy trial act (gab) (Entered: 08/28/2000)
09/08/200046 NOTICE as to deft Roberta Cabral; Final Pretrial Conference moved from 9/11/00 to 12/21/00 at 10:00 before Mag Yamashita; Barbara of Howard Chang's office will file stipulation; cc: Marshall Silverberg (gs) (Entered: 09/11/2000)
11/13/200047 STIPULATION to Continue Trial and order by Mag Judge Barry M. Kurren ; jury trial set for 9:00 1/23/01 ; pretrial conference set for 10:00 12/21/00; Time excluded: 10/11/00 - 1/23/01 for Roberta L.K. Cabral , (gs) (Entered: 11/15/2000)
11/14/200048 STIPULATION and order Allowing Travel by Defendant Roberta L.K. Cabral by Mag Judge Barry M. Kurren (gs) (Entered: 11/16/2000)
12/07/200049 NOTICE as to Deft Roberta Cabral; Final Pretrial Conference moved from 12/21/00 at 10:00 a.m. before Mag Yamashita to Mag Kurren the same day; cc: Marshall Silverberg, Howard Chang, faxed 531-4747 (gs) (Entered: 12/08/2000)
12/19/200050 NOTICE as to Deft Roberta Cabral; Final Pretrial Conference set for 12/21/00 @ 10:00 a.m. BMK is rescheduled to be heard before Mag Kevin Chang; Notified: Marshall Silverberg, Howard Chang (gs) (Entered: 12/20/2000)
12/19/200051 NOTICE as to Deft Roberta Cabral; Final Pretrial Conference set for 12/21/00 @ 10:00 a.m. KSC is continued to 12/26/00 @ 10:00 a.m. KSC; Notified: Marshall Silverberg thru Cheri, Howard Chang thru Cheri (gs) (Entered: 12/20/2000)
12/26/200052 EP: MINUTES: Final Pretrial Conference - Roberta Cabral - deft Cabral's presence waived; Govt may file a Superseding Indictment; Awaiting approval in Washington; FPT continued to 1/3/01 at 10:00 BMK ; Roberta L.K. Cabral, USA Attorney Marshall H Silverberg, Howard T. Chang present ( Ct Rptr: Tape) by Mag Judge Chang (gs) (Entered: 01/02/2001)
01/02/200153 NOTICE of hearing setting hearing on Final pretrial conference moved from 1/3/01 to 10:30 1/5/01 before Magistrate Judge Kurren for Roberta L.K. Cabral Marshall Silverberg to notify Howard Chang. (gab) (Entered: 01/05/2001)
01/05/200154 EP: MINUTES: ; final pretrial conf set for 10:00 1/12/01 BMK for Roberta L.K. Cabral Deft's presence waived. Attorney Marshall H Silverberg, Howard T. Chang present ( Ct Rptr: Chambers no record taken) by Mag Judge KURREN (gab) (Entered: 01/08/2001)
01/11/200155 STIPULATION and order Allowing Travel by Defendant Robert L.K. Cabral by Mag Judge Barry M. Kurren (gs) (Entered: 01/16/2001)
01/12/200156 STIPULATION and order Continuing The Trial and Finding Excludable Time Pursuant to the Speedy Trial Act by Mag Judge Barry M. Kurren ; jury trial set for 9:00 4/24/01 ; pretrial conference set for 10:00 3/29/01; Time excluded: 1/23/01 - 4/24/01 for Robert L.K. Cabral (gs) (Entered: 01/17/2001)
01/12/200158 PS issued as to Roberta L.K. Cabral ; arraignment set for 10:00 2/12/01 for Roberta L.K. Cabral before Mag Judge Kevin S. Chang (gs) (Entered: 02/14/2001)
02/08/200157 EP: SUPERSEDING INDICTMENT by USA; naming Roberta L.K. Cabral counts filed against Roberta L.K. Cabral (2) count(s) 1ss-8ss, 9ss, 10ss, 11ss ps ordered ( Judith Powers) by Mag Judge KOBAYASHI (gab) Additional attachment(s) added on 5/1/2006 (gab, ). (Entered: 02/09/2001)
02/12/200159 EP: MINUTES: Arraignment and Plea to Second Superseding Indictment - as to deft Roberta Chang - deft present; Arraignment waived; Plea of not guitly entered to the Second Superseding Indictment; No new trial dates given ; Roberta L.K. Cabral, USA Attorney Edward Groves for Marshall Silverberg, Howard T. Chang present ( Ct Rptr: Tape) by Mag Judge Chang (gs) (Entered: 02/15/2001)
02/13/200160 PS returned unexecuted as to Roberta L.K. Cabral (gs) (Entered: 02/15/2001)
02/16/200161 PS returned executed on 2/13/01 as to Roberta L.K. Cabral (gs) (Entered: 02/20/2001)
03/12/200162 EO: MINUTES Final Pretrial Conference set for 3/29/01 @ 10:00 a.m. is moved to 10:30 a.m. the same day before Mag Judge Barry Kurren; cc: Marshall Silverbert, Howard Chang by Mag Judge Kurren (gs) (Entered: 03/14/2001)
03/13/200163 Notice of Motion and MOTION for severance of counts, or in the alternative for continuance of trial by defendant Roberta L.K. Cabral memorandum in support of motion; declaration of counsel; Motion hearing set for 04/16/01 @ 9:45 a.m. (DAE) (gab) (Entered: 03/16/2001)
03/16/200164 Amended NOTICE of Defendant Roberta L.K. Cabral's motion filed 3/13/01 for severance of counts, or in the alternative for continuance of trial by defendant Roberta L.K. Cabral [63-1] 1:30 3/21/01 before Judge EZRA (gab) (Entered: 03/19/2001)
03/16/200165 Defendant Roberta L.K. Cabral's Ex Parte Motion to Shorten Time for Hearing on Motion for Severance of Counts, or in the Alternative for Continuance of Trial; Declaration of Howard T. Chang; ORDER granting Defendant Roberta L.K. Cabral's Ex Parte Motion to Shorten Time for Severance of Counts, or in the Alternative for continuance of trial by Judge David A. Ezra (gab) (Entered: 03/19/2001)
03/21/200166 MEMORANDUM of the United States in opposition to Defendant Cabral's motion for severance of counts, or in the alternative for continuance of trial; certificate of service (sealed) (Entered: 03/23/2001)
03/22/200167 EP: SUPERSEDING INDICTMENT by USA; naming Roberta L.K. Cabral counts filed against Roberta L.K. Cabral (2) count(s) 1sss-8sss, 9sss-10sss, 11sss, 12sss ordered ( Judith Powers) by Mag Judge KOBAYASHI (gab) Additional attachment(s) added on 5/1/2006 (gab, ). (Entered: 03/23/2001)
03/22/200168 PS issued as to Roberta L.K. Cabral ; arraignment set for 10:00 3/23/01 for Roberta L.K. Cabral before Mag Judge Leslie E. Kobayashi (gab) (Entered: 03/23/2001)
03/23/200169 EP: MINUTES: Defendant Cabral's Motion for Severance of Counts or in the Alternative to Continue Trial: Defendant's Motion for Severance of Counts is Denied without prejudice. Defendant's Motion for Continuance of Trial is Granted. 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 24, 2001 to and including July 31, 2000 be excluded from computation under the Speedy Trial Act as a failure to grant the continuance would unreasonably deny counsel for the defendant reasonable time necessary for effective preparation, taking into account the exercise of due diligence. ; Roberta L.K. Cabral Attorney Marshall H Silverberg, Howard T. Chang present ( Ct Rptr: Terrence Chun) by Judge EZRA (gab) (Entered: 03/27/2001)
03/23/200170 EP: MINUTES: A & P as to the Third Superseding Indictment - Defendant (02) Roberta L.K. Cabral present, not in custody. Charges received. Defendant waives public reading of the Third Superseding Indictment. Plea of Not Guilty entered. Jury Selection/Trial set for 9:00 7/31/01, DAE Final Pretrial Conference set for 10:00 7/2/01, BMK Deft's Motions due 6/18/01 Govt's Response due 7/2/01 Defendant (02) Roberta L.K. Cabral's present conditions of release to continue. Counsel represented that the Time Period from 4/24/01 thru 7/31/01 was already excluded from the requirements of the Speedy Trial Act by Judge David Alan Ezra. Order to be submitted for Judge David Alan Ezra's approval Roberta L.K. Cabral Attorney Marshall H Silverberg, Howard T. Chang present ( Ct Rptr: Tape) by Mag Judge KOBAYASHI (gab) (Entered: 03/27/2001)
03/28/200171 PS executed on 3/27/01 as to Roberta L.K. Cabral (gab) (Entered: 03/28/2001)
04/18/200172 STIPULATION and order Allowing Travle by Defendant Roberta L.K. Cabral by Judge Susan O. Mollway (gs) (Entered: 04/20/2001)
04/24/200173 ORDER Denying Motion for Severance of Counts and Granting Motion for Continuance of Trial and Excluding Time by Judge David A. Ezra re [69-3] ; jury trial set for 9:00 7/31/01; Time excluded: 4/24/01 - 7/31/01 for Roderick Rodriguez, for Roberta L.K. Cabral (gs) (Entered: 04/26/2001)
04/25/200174 EP: Fourth SUPERSEDING INDICTMENT by USA; naming Roberta L.K. Cabral counts filed against Roberta L.K. Cabral (2) 1ssss-8ssss, 9ssss-10ssss, 11ssss, 12ssss, 13ssss, 14ssss ordered ( Marjann Shawler) by Mag Judge Kobayashi (gs) (Entered: 04/30/2001)
04/26/200175 PS issued as to Roberta L.K. Cabral ; arraignment set for 10:00 4/30/01 for Roberta L.K. Cabral before Mag Judge Barry M. Kurren (gs) (Entered: 04/30/2001)
04/30/200176 PS unexecuted by US Marshal on 4/30/01 as to Roberta L.K. Cabral (lmg) (Entered: 05/01/2001)
04/30/200177 EP: MINUTES: A&P to the fourth superseding indictment as to 02 Roberta Cabral - deft present arraignment held on 4/30/01 , dft Roberta L.K. Cabral arraignment waived; plea of NOT GUILTY Attorney present; ; Chang's oral request to continue trial - court suggests that a motion be filed ; Roberta L.K. Cabral Attorney Howard T. Chang, Marshall H Silverberg present ( Ct Rptr: Tape) by Mag Judge Barry M. Kurren (lmg) (Entered: 05/09/2001)
05/11/200179 Notice of Motion and MOTION for withdrawal as attorney of record for defendant Roberta L.K. Cabral Declaration of Howard T. Chang; Motion hearing set for 05/17/01 @ 11:00 a.m. (KSC) (gab) (Entered: 05/16/2001)
05/14/200178 MEMORANDUM of the United States in response to Howard Chang's motion to withdraw as attorney of record for defendant Roberta L.K. Cabral; declaration of Marshall Silverberg; certificate of service - by plaintiff USA (lmg) (Entered: 05/15/2001)
05/17/200180 CJA Form 20 Copy 4 (Appointment of Counsel) Voucher # as to defendant Roberta L.K. Cabral Attorney Clifford B. Hunt (gab) (Entered: 05/22/2001)
05/17/200182 EP: MINUTES: Motion to Withdraw as Counsel for 02 Roberta Cabral - defendant present. Request for Court Appointed Counsel granted. Defendant sworn to Financial Affidavit. Motion granted. Court to appoint new counsel [79-1]; Roberta L.K. Cabral Attorney Marshall H Silverberg, Howard T. Chang present ( Ct Rptr: Tape) by Mag Judge Kevin SC Chang (eps) (Entered: 05/25/2001)
05/17/200183 FINANCIAL Affidavit as to Roberta L.K. Cabral (eps) (Entered: 05/25/2001)
05/21/200181 ORDER by Mag Judge Kevin S. Chang granting motion to withdraw as attorney of record for defendant Roberta L.K. Cabral [79-1] - withdrawing attorney Howard T. Chang for Roberta L.K. Cabral - on behalf of deft Cabral (eps) (Entered: 05/25/2001)
06/18/200184 Notice of Motion and MOTION to continue trial by defendant Roberta L.K. Cabral ; declaration of counsel and certificate of service - Motion hearing set for 7/2/01 @ 10:00 BMK (eps) (Entered: 06/19/2001)
06/21/200185 MEMORANDUM of the United States in response to motion defendant Cabral's to continue trial [84-1]; certificate of service (eps) (Entered: 06/26/2001)
07/02/200186 EP: MINUTES: Final Pretrial Conference and Defendant Cabral's M/Continue Trial Date and Deadlines - deft present. M/Continue GRANTED. New dates given: JS/JT 2-12-02 @ 9, DAE. Final Pretrial Conference 1-14-02 @ 10, KSC. Motions due 10-31-01. Response due 11-14-01. Gross to prepare order excluding time from 7-31-01 thru 2-12-02 to enable defense counsel time to prepare for trial, continuity of counsel, and in the interest of justice. Roberta L.K. Cabral Attorney Clifford B. Hunt, Marshall H Silverberg present ( Ct Rptr: Tape) by Mag Judge KURREN (gab) (Entered: 07/09/2001)
07/23/200187 ORDER Continuing trial date and tolling time under the speedy trial act by Mag Judge Barry M. Kurren ; jury trial set for 9:00 2/12/02 ; pretrial conference set for 10:00 1/14/02; time excluded for Roberta L.K. Cabral: 7/31/01 - 2/12/02 (lmg) (Entered: 07/23/2001)
09/04/200188 STIPULATION and order by Mag Judge Kevin S. Chang - allowing defendant Roberta L.K. Cabral to travel and certificate of service - on behalf of defendant (lmg) (Entered: 09/12/2001)
10/04/200189 STIPULATION and order allowing defendant Roberta L.K. Cabral to travel and certificate of service - by Mag Judge Barry M. Kurren - defendant (02) is permitted to travel to Los Angeles, October 4, 2001 and return on Sunday, October 14, 2001 - on behalf of defendant (lmg) (Entered: 10/09/2001)
10/25/200190 Notice of Motion and MOTION for a bill of particulars by defendant Roberta L.K. Cabral (02) ; declaration of counsel; memorandum in support of motion; exhibita and certificate of service - Motion hearing set for 2:00 11/13/01 before KSC (lmg) (Entered: 10/31/2001)
10/25/200191 Notice of Motion and MOTION to compel brady material by defendant Roberta L.K. Cabral (02) ; declaration of counsel memorandum in support of motion and certificate of service - Motion hearing set for 2:00 11/13/01 before Mag Judge Kevin S. Chang (lmg) Modified on 10/31/2001 (Entered: 10/31/2001)
10/25/200192 Notice of Motion and MOTION to compel discovery of cadet materials and information by defendant Roberta L.K. Cabral (02) ; declaration of counsel; memorandum in support of motion and certificate of service - Motion hearing set for 2:00 11/13/01 before Mag Judge Kevin S. Chang (lmg) (Entered: 10/31/2001)
10/25/200193 Notice of Motion and MOTION for severance of counts by defendant Roberta L.K. Cabral (02) ; declaration of counsel; memorandum in support of motion and certificate of service - Motion hearing set for 2:00 11/13/01 before Mag Judge Kevin S. Chang (lmg) (Entered: 10/31/2001)
11/07/200194 United States' MEMORANDUM in opposition to defendant's motion to compel brady material; Certificate of Service [91-1] (gs) (Entered: 11/13/2001)
11/07/200195 United States' MEMORANDUM in opposition to defendant's motion to compel discovery of cadet materials; Certificate of Service [92-1] (gs) (Entered: 11/13/2001)
11/08/200196 United States' MEMORANDUM in opposition to defendant's motion for a bill of particulars; Exhibit A; Declaration of Edward E. Groves; Certificate of Service [90-1] (gs) (Entered: 11/13/2001)
11/08/200197 United States' MEMORANDUM in opposition to defendant's motion for severance of counts; certificate of service [93-1] (gs) (Entered: 11/13/2001)
11/09/200198 Defendant Roberta L.K. Cabral's Notice and REQUEST for Discovery and Certificate of Service (gs) (Entered: 11/19/2001)
11/13/200199 Defendant Roberta L.K. Cabral's REPLY to Government's Memorandum in Opposition to motion for severance of counts and certificate of service regarding [93-1] (gs) (Entered: 11/19/2001)
11/13/2001100 EP: MINUTES: Defendant Cabral's M/Bill of particulars - denied; Deft Cabral's M/Severance of Counts - Denied; Deft Cabral's M/Compel Discovery of Cadet Materials and Information - denied; Deft Cabral's M/Compel Brady material - denied; Nakamura to prepare order; Deft present [93-1], [92-1], [91-1], [90-1] ; Roberta L.K. Cabral, USA Attorney Craig Nakamura for Les Osborne and Edward Groves, Clifford B. Hunt present ( Ct Rptr: Tape C5 833) by Mag Judge Chang (gs) (Entered: 11/19/2001)
11/15/2001101 ORDER Denying Defendant's Motions 1) for a Bill of Particulars; 2) For severance of Counts; 3) to Compel Brady Material; and 4) to compel Discovery of Cadet Materials and Information by Mag Judge Kevin S. Chang re [100-1] (gs) (Entered: 11/20/2001)
11/28/2001102 ORDER granting in part and denying in part defendant's EX PARTE MOTION for investigator services by Mag Judge Kevin S. Chang - defendant Roberta L.K. Cabral, granting in part and denying in part order [101-1] (cc: all counsel, probation pretrial US Marshals, finance) (lmg) (Entered: 12/11/2001)
12/05/2001103 Defendant Roberta L.K. Cabral's ex parte motion for investigator services; declaration of counsel; memorandum in support of motion; PROPOSED Order granting defendant Roberta L.K. Cabral's ex parte motion for investigator services and sealing document; exhibits "A" and "B" (bbb) (Entered: 12/14/2001)
12/11/2001104 STIPULATION and order allowing defendant Roberta L.K. Cabral to travel; certificate of service - to Los Angeles - Hawaii on 12/11/2001 - 12/15/01 by Mag Judge Leslie E. Kobayashi [27-1] (bbb) (Entered: 12/14/2001)
12/26/2001105 Notice of Motion and MOTION to continue trial by defendant Roberta L.K. Cabral ; declaration of counsel; exhibit a and certificate of service - Motion hearing set for 9:30 01/04/02 before Mag Judge Kevin S. Chang (lmg) (Entered: 01/03/2002)
12/31/2001106 United States' MEMORANDUM in opposition to defendant's motion to continue trial by defendant Roberta L.K. Cabral [105-1]; certificate of service (sealed) (Entered: 01/04/2002)
01/02/2002107 EX PARTE MOTION for paralegal services; declaration of counsel; exhibits "a" through "e"; memorandum in support of motion; Order granting ex parte motion for paralegal services and sealing document by Mag Judge Leslie E. Kobayashi as to defendant Roberta L.K. Cabral (SEALED) (bbb) (Entered: 01/08/2002)
01/04/2002108 EP: MINUTES: Defendant 02 Roberta Cabral's Motion to Continue Trial - granted. New trial dates given: JT 5-7-02 at 9:00 DAE FPT 4-8-02 at 10:00 KSC Mos due 3-8-02 Response due 3-22-02 The Court finds that the ends of justice served by such an action outweigh the best interest of the public and the defendant in a speedy trial. The Court orders that the period from 2-12-02 to and including 5-7-02 be excluded from computation under the Speedy Trial Act as a failure to grant the continuance would unreasonably deny counsel for the defendant reasonable time necessary for effective preparation, taking into account the exercise of due diligence. Defendant's presence waived. [105-1] Roberta L.K. Cabral Attorney Clifford B. Hunt, Ted Groves present ( Ct Rptr: Tape 847 C5) by Mag Judge Kevin S. Chang (bbb) (Entered: 01/09/2002)
01/09/2002109 ORDER continuing trial date and tolling time under the speedy trial act by Mag Judge Kevin S. Chang ; jury trial set for 9:00 5/7/02 for Roberta L.K. Cabral ; pretrial conference set 10:00 4/8/02 for Roberta L.K. Cabral (bbb) (Entered: 01/15/2002)
02/05/2002110 EX PARTE MOTION by defendant Roberta L.K. Cabral for discovery copying expenses ; declaration of counsel; exhibit a; declaration of Scott H. Dunn; memorandum in support of motion; ORDER by Mag Judge Barry M. Kurren granting ex parte motion (SEALED) (afc) (Entered: 02/05/2002)
02/12/2002111 EO: MINUTES ;the jury selection/trial in the above-entitled matter now set for May 7, 2002 is now reassigned to Judge Manuel Real from the Central District of California for defendant Roberta L.K. Cabral ; designation order to follow; parties notified (lmg) (Entered: 02/21/2002)
02/15/2002112 EO: MINUTES This case has been assigned to Visiting Judge Manuel Real from the Central District of California. All future Pleadings shall reflect the Judges Initials of MLR after the Criminal Number. Listed Below are the new Trial Date and other Deadlines that Counsel should follow- Jury Selection/Jury Trial-May 13, 2002 @9:00 a.m. before Judge Manuel Real. Motions in Limine shall be filed by April 24, 2002. Oppositions to Motions in Limine shall be filed by April 29, 2002. Jury Instructions are to be exchanged by April 24, 2002. Jury Instructions to be filed by May 01, 2002. Witness Lists to be filed by May 01, 2002. Stipulations and Voir Dire Questions to be filed by May 01, 2002. Trial Exhibits to be Exchanged by May 01, 2002 Trial Exhibits (Original plus 2 Copies ) are to be submitted to Courtroom Deputy Clerk by May 10, 2002. Juror Information Cards (copies) are to requested from the Jury Clerk by calling 541-3115 by May 8, 2002. (Fee Charged for Copies) Submitted by Leslie L. Sai-Courtroom Deputy Clerk ; jury trial set for 9:00 5/13/02 for Roberta L.K. Cabral by Judge Manuel L. Real (lmg) (Entered: 02/26/2002)
02/15/2002113 Notice of Motion and MOTION by defendant Roberta L.K. Cabral's to continue trial ; declaration of counsel; exhibits a and b; certificate of service - referred to Judge Manuel L. Real (lmg) (Entered: 02/27/2002)
02/19/2002114 ORDER of assignment by Judge David A. Ezra - the above-entitled case shall be assigned to United States District Judge Manuel L. Real effective as of 02/15/02 (cc: all counsel) (lmg) (Entered: 02/27/2002)
02/20/2002115 EO: MINUTES defendant (02)'s motion to continue trial date set for 02/21/02 8:30 AM before Judge Real ; all counsel notifed of this hearing by phone by Leslie L. Sai-courtroom deputy clerk Judge Manuel L. Real (lmg) (Entered: 02/27/2002)
02/21/2002116 EP: MINUTES:Defendant's Motion to Continue Trial Date-Defendant Present not in Custody. Motion is hereby Granted. Jury Selection/Jury Trial set for June 17, 2002 @9:00 a.m. before Judge Real. A Minute Order will be issued regarding setting forth PreTrial Deadlines. Time excluded from May 7, 2002 through June 17, 2002. Mr. Groves to prepare the Order reflecting excludable time. granting motion by defendant Roberta L.K. Cabral's to continue trial [113-1] ; jury selection/jury trial set for 9:00 6/17/02 for Roberta L.K. Cabral ; Roberta L.K. Cabral, Attorney Clifford B. Hunt, USA Edward Groves and Louis Bracco present ( Ct Rptr: TC) by Judge Real (lmg) (Entered: 03/05/2002)
02/25/2002117 EX PARTE MOTION by defendant Roberta L.K. Cabral's for expert and other assistance services ; declaration of counsel; exhibits a through f; memorandum in support of motion; Order granting defendant Roberta L.K. Cabral's ex parte motion for expert and other assistance services and sealing document [SEALED] (lmg) (Entered: 03/06/2002)
02/26/2002119 ORDER continuing trial date and tolling time under the speedy trial act; certificate of service by Judge Manuel L. Real; ; jury trial set for 9:00 6/17/02 for Roberta L.K. Cabral , time excluded for Roberta L.K. Cabral from 05/07/02 - 06/17/02 (lmg) (Entered: 03/05/2002)
02/27/2002120 EO: MINUTES Jury Selection/Trial is set for 9:00 6/17/02 before Judge Manuel L. Real. Listed below are the Trial Deadlines that Counsel should follow: Motions in Limine shall be filed by May 29, 2002. Oppositions to Motions in Limine shall be filed by June 3. Jury Instructions are to be exchanged by May 29, 2002. Jury Instructions to be filed by June 5, 2002. Witness Lists to be filed by June 12, 2002. Stipulations and Voir Dire Questions to be filed by June 5, 2002. Trial Exhibits to be Exchanged by June 5, 2002 Trial Exhibits (Original plus 2 Copies ) are to be submitted to Courtroom Deputy Clerk Leslie Sai by June 14, 2002. Juror Information Cards (copies) are to requested from the Jury Clerk by calling(copies) are to requested from the Jury Clerk by calling 541-3115 by June 12, 2002. (Fee Charged for Copies) ; jury trial set for 9:00 6/17/02 for Roberta L.K. Cabral by Mag Judge Kobayashi (lmg) (Entered: 03/05/2002)
03/05/2002121  FINDINGS and RECOMMENDATIONS on CJA Compensation Claim by Mag Judge Barry M. Kurren - as to deft Roberta Cabral (02) (cc: all counsel) (lmg) (Entered: 03/06/2002)
03/06/2002122 Second EX PARTE MOTION by defendant Roberta L.K. Cabral's for discovery copying expenses ; declaration of counsel; exhibit a ; ORDER - by Mag Judge Leslie E. Kobayashi - granting defendant Roberta L.K. Cabral's second ex parte motion for discovery copying expenses and sealing document [SEALED] (lmg) (Entered: 03/07/2002)
03/06/2002123 EX PARTE MOTION by defendant Roberta L.K. Cabral's for interim payment for paralegal services ; declaration of counsel; exhibit a; ORDER by Mag Judge Leslie E. Kobayashi - granting ex parte motion for interim payment for paralegal services and sealing document [SEALED] (lmg) (Entered: 03/07/2002)
03/08/2002124 Notiice of Motion and MOTION by defendant Roberta L.K. Cabral to dismiss count(s) 13ssss, 14ssss ; declaration of counsel; memorandum in support of motion and certificate of service referred to MLR (bbb) (Entered: 03/11/2002)
03/08/2002125 Notice of Motion and MOTION defendant Roberta L.K. Cabral's motion to compel government to disclose co-conspirator statements it intends to introduce at trial ; declaration of counsel; memorandum in support of motion and certificate of service; referred to MLR (bbb) (Entered: 03/11/2002)
03/08/2002126 Notice of Motion and MOTION defendant Roberta L.K. Cabral's motion to compel early disclosure of government's witness list ; referred to MLR; declaration of counsel; memorandum in support of motion and certificate of service (bbb) (Entered: 03/11/2002)
03/21/2002127 EO: Defendant (02) Roberta Cabral's Motion to Dismiss Counts 13 and 14, Motion to Compel Government to Disclose Co-Conspirator Statements it intends to introduce at Trial and Motion to Compel Early Disclosure of Government's Witness List- The Memorandums in Opposition shall be filed by April 2, 2002 and the Reply Memorandums to the Opposition shall be filed by April 9, 2002 . This Court will then decide if these Motions will have a hearing date or rule on these Motions without an Oral Hearing. [124-1] [125-1] [126-1] (cc: Ted Groves and Clifford Hunt) (lmg) (Entered: 03/22/2002)
03/25/2002128 Supplemental MEMORANDUM by defendant Roberta L.K. Cabral's in support of defendant Roberta L.K. Cabral's motion to dismiss counts 13 and 14; exhibits a through d; declaration of counsel and certificate of service [124-1] (lmg) (Entered: 03/27/2002)
04/02/2002129 MEMORANDUM in opposition to motion (02) defendant's motion to compel early disclosure of government's witness list [126-1]; certificate of service - by plaintiff USA (lmg) (Entered: 04/03/2002)
04/02/2002130 United States' MEMORANDUM in opposition to (02) defendant motion to dismiss count(s) 13 and 14; certificate of service [124-1] (lmg) (Entered: 04/03/2002)
04/02/2002131 United States' MEMORANDUM in opposition to (02) defendant's motion to compel government to disclose co-conspirator statements it intends to introduce at trial; certificate of service [125-1] (lmg) (Entered: 04/03/2002)
04/02/2002132 CJA Form 30 (Attorney Payment Voucher# 020402000213) by attorney Clifford B. Hunt as to (02) Roberta L.K. Cabral in the amount of $18,486.14 by Judge David A. Ezra (lmg) Modified on 04/03/2002 (Entered: 04/03/2002)
04/09/2002133 CJA Form 21 (Expert Services) Voucher # 020408000040 for Scott H. Dunn as to Roberta L.K. Cabral in the amount of $4,125.00 by Mag Judge Leslie E. Kobyashi & by 9CCA delegate Michael Hawkins (afc) (Entered: 04/09/2002)
04/09/2002134 CJA Form 21 (Expert Services) Voucher # 020408000042 for Accucopy, Inc. as to Roberta L.K. Cabral in the amount of $2,666.84 by Mag Judge Leslie E. Kobayashi and by 9CCA Delegate Michael D. Hawkins (afc) (Entered: 04/09/2002)
05/10/2002135 Defendant Roberta L.K. Cabral's EX PARTE MOTION for transcripts in USA vs. Mew; declaration of counsel; memorandum in support of motion; ORDER by Mag Judge Barry M. Kurren - granting defendant Roberta L.K. Cabral's ex parte motion for transcripts in USA v. Mew and sealing document [SEALED] (sealed) (Entered: 05/14/2002)
05/10/2002136 Defendant Roberta L.K. Cabral's EX PARTE MOTION for interim payment of paralegal and copier services; declaration of counsel; exhibit a; Order by Mag Judge Barry M. Kurren - granting ex parte motion for interim payment of paralegal and copier services and sealing documents [SEALED] (sealed) (Entered: 05/14/2002)
05/15/2002137 Defendant Roberta L.K. Cabral's ex parte motion for expert assistance services (CPA); declaration of counsel; exhibits a; memorandum in support of motion; PROPOSED Order granting defendant Roberta L.K. Cabral's ex parte motion for expert assistance services (CPA) and sealing documents [SEALED] (sealed) (Entered: 05/15/2002)
05/15/2002138 ORDER by Judge Manuel L. Real - denying [137-1] [SEALED] (cc: all counsel) (sealed) Modified on 05/16/2002 (Entered: 05/15/2002)
05/16/2002139 Request for NOTICE by defendant Roberta L.K. Cabral's of FRE Rule 404(B) evidence and certificate of service (lmg) (Entered: 05/17/2002)
05/24/2002140 Notice of Motion for defendant Roberta L.K. Cabral's motion to permit paralegal to sit at defense counsel's table ; declaration of counsel; exhibit a and certificate of service - referred to Judge Manuel L. Real (lmg) (Entered: 05/28/2002)
05/28/2002141 Notice of Motion and MOTION in limine no. 1 by defendant Roberta L.K. Cabral ; declaration of counsel; memorandum in support of motion and certificate of service - motion hearing set for 9:00 06/17/02 before Judge Manuel L. Real (lmg) Modified on 05/29/2002 (Entered: 05/29/2002)
05/28/2002142 Notice of Motion and MOTION in limine no. 2 by defendant Roberta L.K. Cabral ; declaration of counsel; memorandum in support of motion and certificate of service - Motion hearing set for 9:00 June 17, 2002 before Judge Manuel L. Real (lmg) (Entered: 05/29/2002)
05/28/2002143 Notice of Motion and MOTION in limine no. 3 by defendant Roberta L.K. Cabral ; declaration of counsel; memorandum in support of motion; exhibit a and certificate of service - Motion hearing set for 9:00 June 17, 2002 before Judge Manuel L. Real (lmg) Modified on 05/29/2002 (Entered: 05/29/2002)
05/28/2002144 Notice of Motion and MOTION in limine no. 4 by defendant Roberta L.K. Cabral ; declaration of counsel; memorandum in support of motion; exhibit 1 and certificate of service - Motion hearing set for 9:00 June 17, 2002 before Judge Manuel L. Real (lmg) (Entered: 05/29/2002)
05/28/2002145 Notice of Motion and MOTION in limine no. 5 by defendant Roberta L.K. Cabral ; declaration of of counsel; memorandum in support of motion and certificate of service - Motion hearing set for 9:00 June 17, 2002 before Judge Manuel L. Real (lmg) (Entered: 05/29/2002)
05/28/2002146 Notice of Motion and MOTION in limine by United States' to preclude defendant from introducing evidence or otherwise mentioning possible punishment as to Roberta L.K. Cabral ; memorandum in support of motion in limine to preclude defendant from introducing evidence or otherwise mentioning possible punishment; certificate of service - Motion hearing set for 9:00 June 17, 2002 before Judge Manuel L. Real (lmg) (Entered: 05/29/2002)
06/05/2002147 EO: MINUTES:Motion to Withdraw Not Guilty Plea and to Plead Anew set for 06/17/2002 10:00:00 AM before Judge Manuel Real. This hearing will take place at the U.S. Courthouse Bldg. in Honolulu, Hawaii. cc: Ted Groves, Lou Bracco, Cliffored Hunt, Michael Green, probation, pretial services, U.S. Marshal's w/d of not guilty plea/to plead anew set for 10:00 6/17/02 before Judge Manuel L. Real for Roberta L.K. Cabral by Judge Manuel L. Real (lmg) (Entered: 06/07/2002)
06/12/2002148  FINDINGS and RECOMMENDATIONS on CJA Compensation Claim ; $14,993.38 recommended for atty Clifford B. Hunt re deft Roberta Cabral (02) by Mag Judge Barry M. Kurren (sealed) (Entered: 06/17/2002)
06/17/2002151 EP: Motion to Withdraw Not Guilty Plea and to Plead Anew-Defendant Present not in Custody. Defendant Sworn in Court questions the Defendant. Memorandum of Plea Agreement signed and filed. Court defers the acceptance of the Plea Agreement until the time of Sentencing. Defendant enters a Plea of Guilty as to Counts 1, 9, 10 and 11 of the Fourth Superseding Indictment. Court accepts the Plea of Guilty as to Counts l, 9, 10 and 11 of the Fourth Superseding Indictment and adjudges the Defendant Guilty. Defendant referred to the Probation Office for the preparation of the presentence report. Sentencing set for November 01, 2002 @l0:00 a.m. before Judge Real. Present Bail to Continue. w/d of not guilty plea/plead anew held on 6/17/02 , guilty plea entered by Roberta L.K. Cabral , ; sentencing hearing set for 10:00 11/1/02, Judge Real for Roberta L.K. Cabral , ; Roberta L.K. Cabral, Attorney Clifford Hunt, AUSA Edward Groves and Lou Bracco present ( Ct Rptr: CF) by Judge Manuel L. Real (sealed) (Entered: 06/25/2002)
06/17/2002152 MEMORANDUM of Plea Agreement as to Roberta L.K. Cabral (sealed) (Entered: 06/25/2002)
06/19/2002149 CJA Form 21 (Expert Services) Voucher # 020619000091 for Accucopy, Inc. as to defendant (02) Roberta L.K. Cabral in the amount of $693.00 by Mag Judge Barry M. Kurren (lmg) (Entered: 06/20/2002)
06/19/2002150 CJA Form 21 (Expert Services) Voucher # 010619000090 for Scott H. Dunn as to defendant (02) Roberta L.K. Cabral in the amount of $5,100.00 by Mag Judge Barry M. Kurren (lmg) (Entered: 06/20/2002)
06/21/2002153 EX PARTE MOTION by Roberta L.K. Cabral's for payment of investigator; declaration of counsel; exhibit a; Order by Mag Judge Leslie E. Kobayashi - granting ex parte motion for payment of investigator and sealing document [SEALED] (sealed) (Entered: 07/02/2002)
06/25/2002154 WITHDRAWAL, SUBSTITUTION and ORDER; certificate of service - Attorney Michael Jay Green replacing attorney Clifford B. Hunt for Roberta L.K. Cabral by Mag Judge Kurren - on behalf of defendant (sealed) Modified on 07/02/2002 (Entered: 07/02/2002)
07/01/2002155 EX PARTE MOTION by defendant Roberta L.K. Cabral's for final payment of paralegal and copier services; declaration of counsel; exhibit a; Order by Mag Judge Kevin S. Chang - granting ex parte motion for final payment of paralegal and copier services and sealing document [SEALED] (lmg) (Entered: 07/03/2002)
07/05/2002156  FINDINGS and RECOMMENDATIONS on CJA Compensation Claim ; $19,628.15 recommended for atty Clifford B. Hunt, Esq. by Mag Judge Leslie E. Kobayashi (lmg) (Entered: 07/11/2002)
07/16/2002157 AFFIDAVIT of Roberta Cabral; certificate of service [154-1] (lmg) (Entered: 07/17/2002)
07/17/2002158 CJA Form 20 Copy 4 (Appointment of Counsel) Voucher # 020717000186 as to defendant Roberta L.K. Cabral (02) Attorney Clifford Hunt (lmg) (Entered: 07/22/2002)
07/19/2002159 Notice of Motion and MOTION for confirmation of waiver re potential attorney conflict, and approval of post-waiver substitution of counsel by USA as to Roberta L.K. Cabral ; exhibits a-b; certificate of service - Motion hearing set for 10:00 07/30/02 before Mag Judge Kevin S. Chang (lmg) (Entered: 07/22/2002)
07/30/2002160 EP: MINUTES:Motion for confirmation of waiver re potential attorney conflict, and approval of post-waiver substitution of counsel as to Roberta L.K. Cabral - defendant present; defendant sworn, questioned by court; court confirms the post waiver substitution of counsel and waiver [159-1] ; Roberta L.K. Cabral Attorney Michael Jay Green present ( Ct Rptr: tape C5 926) by Judge Chang (lmg) (Entered: 08/05/2002)
08/12/2002161 CJA Form 30 (Attorney Payment Voucher# 020811000001) by attorney Clifford B. Hunt as to Roberta L.K. Cabral (02) in the amount of $19,628.15 by Judge Ninth Circuit Court of Appeal (lmg) (Entered: 08/14/2002)
08/26/2002162 EO: MINUTES The Request and Authorization for Expert Services for Payment of Investigator-Independent Research Associates ( IRA) is being referred to the Magistrate Judge (Duty Judge for the Month) to review and Audit and forward the review to this Court by Judge Manuel L. Real (gab) (Entered: 08/26/2002)
08/28/2002  TRANSCRIPT of Proceedings - 6/17/02 - ORIG - ( Cynthia Fazio ) - pp 31 ;as to Roberta L.K. Cabral (gab) (Entered: 08/29/2002)
09/16/2002163 CJA Form 21 (Expert Services) Voucher # 020916000022 for Scott H. Dunn as to Roberta L.K. Cabral in the amount of $4,000.00 by Judge Barry M. Kurren (bbb) (Entered: 09/19/2002)
09/16/2002164 CJA Form 21 (Expert Services) Voucher # 020916000023 for Accucopy, Inc. as to Roberta L.K. Cabral in the amount of $2,015.00 by Judge Barry M. Kurren (bbb) (Entered: 09/19/2002)
09/19/2002165 Notice of Motion and MOTION to continue sentencing by defendant Roberta L.K. Cabral ; declaration of Michael Jay Green; exhibits 1-3; certificate of service - Motion - referred to Judge Manuel L. Real (lmg) (Entered: 09/24/2002)
09/23/2002166 United States' memorandum in RESPONSE to defendant Roberta L.K. Cabral's motion to continue sentencing [165-1] ; certificate of service (lmg) (Entered: 09/24/2002)
09/26/2002167 United States' statement regarding proposed presentence investigation report; certificate of service (lmg) (Entered: 09/26/2002)
09/27/2002168 EO: Defendant's motion to continue sentencing date-is hereby denied; all counsel and probation office notified of this motion being denied; denying motion to continue sentencing by defendant Roberta L.K. Cabral [165-1] by Judge Judge L. Real (lmg) (Entered: 09/30/2002)
09/30/2002169  defendant (02) Roberta L.K. Cabral SENTENCING Statement as to Roberta L.K. Cabral; exhibits 1-9; certificate of service (lmg) (Entered: 10/01/2002)
09/30/2002170 OBJECTIONS, additions and corrections by defendant Roberta L.K. Cabral's to the proposed presentence report; exhibits 1&2; certificate of service [167-1] (lmg) (Entered: 10/01/2002)
10/04/2002171 EO: Continued: ; sentencing as to counts 1, 9, 10 and 11 of the fourth superseding indictment form 11/01/02 10:00AM to 8:30 10/31/02 for Roberta L.K. Cabral before Judge Judge Manuel L. Real; Judge Real is not available on 11/01/02; cc: Edward Groves, Leslie Osborne, Michael Green, Probation, Pretrial Services, and U.S. Marshal's (lmg) (Entered: 10/08/2002)
10/09/2002172 CJA Form 21 (Expert Services) Voucher # 021009000052 for Independent Research Associates as to Roberta L.K. Cabral the amount of $2,115.00 by 9CCA delegate Michael Daly Hawkins (afc) (Entered: 10/11/2002)
10/17/2002173 EO:Sentencing as to counts 1, 9, 10 and 11 of the fourth superseding indictment set for October 31, 2002 will take place at 10:00 a.m. rather than 8:30 a.m. before Judge Real; ; sentencing hearing set for 10:00 10/31/02 for Roberta L.K. Cabral before Judge Real ; cc: Ted Groves, Michael Green, Probation, Pretrial Services and U.S. Marshal's (lmg) (Entered: 10/21/2002)
10/21/2002174 EO: Defendant's Atty-Michael Green's Letter Dated October 16, 2002 regarding a request to this Court for the opportunity of presenting three (3) individuals who would like to speak in behalf of the Defendant prior to sentencing is being referred to Probation Officer Roy Kawamoto. The Probation Officer is to take the Statements from these Three (3) Individuals and prepare a written statement as to these Three (3) Individuals for this Court's review. cc: Thomas Brady, Michael Green and Probation Officer-Roy Kawamoto by Judge Judge Manuel L. Real (lmg) (Entered: 10/25/2002)
10/28/2002175 SUPPLEMENTAL SENTENCING STATEMENT by defendant Roberta L.K. Cabral's; certificate of service [169-1] [SEAL] (lmg) (Entered: 10/30/2002)
10/31/2002176 EP: Sentence as to Counts 1, 9, 10 and 11 of the Fourth Superseding Indictment-Defendant Present not in Custody. The Court adopts the factual findings and guideline application in the pressentence report except as to Paragraph 68, Paragraph 70 and Paragraph 72. Defendant addresses the Court. Sentence as to Counts 1, 9, 10 and 11 of the Fourth Superseding Indictment- Imprisonment-10 Months as to each Count, with all terms to run concurrently. Defendant's Oral Motion to Self Surrender at the Prison Facility designated by the Bureau of Prisons-Granted. Mittimus Stayed to January 13, 2003 by 2:00 p.m. (Local Time of Prison Facility) Court recommends Prison Facilities-1. Dublin, Oregon 2. Phoenix Supervised Release-3 Years as to Counts 1, 9 and 10 and 1 year as to Count 11, with all terms to run concurrently. Special Conditions of Supervised Release- 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 nlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of release from imprisonment and at least two drug tests thereafter, as directed by the Probation Office (mandatory condition). 5.That the defendant is prohibited from possessing a firearm as defined in 18 U.S.C. 921. 6.That the defendant is prohibited from possessing any illegal or dangerous weapons. 7.That restitution of $25,000 is due immediately and any remaining balance upon release from confinement be paid during the period of supervision on an installment basis according to the collection policy of the Probation Office but at a rate of not less than 10 percent of his/her 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 her release on supervision. 8.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. 9. That the defendant cooperate with the Internal Revenue Service (IRS), in the filing of all past due tax returns and payment of all taxes. 10.That the defendant shall submit his or her 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 release. 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. 11.That the defendant perform 2,500 hours of community service as directed by the Probation Office. No Fine. Special Assessment-$275.00 (As to Count 1-$50, Counts 9 and 10-$100 and Count 11-$25 Court accepts the Plea Agreement. Government's Oral Motion to Dismiss Counts 2 through 8 and Counts 12 through 14 of the Fourth Superseding Indictment. Upon the Defendant's Self Surrender on January 13, 2003-Bond will be exonerated at that time. sentencing hearing held on 10/31/02 , sentencing , dismissing counts as to Roberta L.K. Cabral (2) count(s) 1sss-8sss, 1ss -8ss , 1s -8s , 1 -5 , 2ssss -8ssss . Superseding Indictment filed , case terminated ; Roberta L.K. Cabral, Attorney Michael Jay Green, AUSA Edward Groves and agents Patty Hirai and Leighton Leong present ( Ct Rptr: CF) by Judge Manuel L. Real (lmg) (Entered: 11/07/2002)
11/22/2002177 JUDGMENT and Commitment as to defendant (02) Roberta L.K. Cabral re [176-2] by Judge Manuel L. Real (cc: counsel, agencies) (lmg). (Additional attachment(s) added on 8/18/2011: # 1 Redact Judgment) (lmg, ). (Entered: 11/25/2002)
11/27/2002178 PRESENTENCE Report on Roberta L.K. Cabral (original sealed and held in probation office). (fe) (Entered: 11/27/2002)
11/27/2002179 SENTENCING RECOMMENDATION as to Roberta L.K. Cabral (original sealed and held in probation office) (fe) (Entered: 11/27/2002)
12/06/2002  TRANSCRIPT of proceedings for the following date(s): 10/31/02 (Re: Cynthia Tando Fazio) (lmg) (Entered: 12/06/2002)
12/19/2002180 NOTICE OF APPEAL by plaintiff USA regarding deft Roberta L.K. Cabral [177-1] fees PAID (bbb) (Entered: 12/26/2002)
12/30/2002181 Notice of Motion and MOTION by defendant Roberta L.K. Cabral for mittimus pending appeal ; declaration of counsel; exhibits a and b - referred to Judge Manuel L. Real (lmg) (Entered: 12/30/2002)
01/06/2003182 RESPONSE by government's to defendant's motion for stay of mittimus pending appeal; certificate of service [181-1] - as to (02) defendant Roberta L.K. Cabral (lmg) (Entered: 01/07/2003)
01/09/2003183 ORDER FOR TIME SCHEDULE RT to be ordered by 01/30/03 ;RT to be filed by 03/01/03 ;Aplnt's brief to be filed by 04/10/03 ;Aple's brief to be filed by 05/10/03 ;Aplnt's opt reply brief to be filed by 05/24/03 (cc: Clerk, 9CCA, all counsel, Court Reporters) Notice of Appeal sent to Clerk, 9CCA and to all counsel as to deft ROBERTA L.K. CABRAL (bbb) (Entered: 01/09/2003)
01/10/2003184 ORDER granting defendant's motion for stay of mittimus pending appeal by Judge Manuel L. Real - granting motion by defendant Roberta L.K. Cabral for mittimus pending appeal [181-1]; defendant shall report to US Probation Office and begin her community service as previously ordered by the court within (14) days of this order (received fax copy for Judge Real (cc: to agencies/parties of record by CRD/LS) (lmg) Modified on 02/24/2003 (Entered: 01/10/2003)
01/17/2003185  APPEAL number 03-10012 received from 9CCA regarding [180-1] as to (02) Roberta L.D. Cabral (lmg) (Entered: 01/21/2003)
02/21/2003186 Amended ORDER granting defendant's motion for stay of mittimus pending appeal by Judge Manuel L. Real re [184-1] - on behalf of defendant (lmg) (Entered: 02/24/2003)
04/03/2003187 APPEAL Order from 9CCA re USA v Robert L.K. Cabral - For the Court by: Crystal Thomas, Motions Attorney/Deputy Clerk; attest date: 04-01-03 - appellant's motion for voluntary dismissal of this appeal is granted; appeal is dismissed dismissing the appeal [180-1] (cc: all counsel, USPO, USM, PTS USDJ) (afc) (bbb, ). (Entered: 04/08/2003)
05/07/2003188 STIPULATION and order that mittimus for defendant shall be stayed by Judge Manuel L. Real re [177-1] (bbb) (Entered: 05/08/2003)
07/21/2003189 Notice of hearing; motion for stay of mittimus by defendant Roberta L.K. Cabral ; declaration of counsel; exhibits a and b; certificate of service - Motion hearing set for 07/28/03 9:00 before Judge Manuel L. Real (lmg) (Entered: 07/23/2003)
07/22/2003190 Government's RESPONSE to defendant's motion for third stay of mittimus [189-1]; certificate of service (lmg) (Entered: 07/23/2003)
07/23/2003191 EO: On July 16, 2003-Defendant's Counsel-Michael Green through a Letter dated July 16, 2003 requested a Stay of Mittimus as to this Defendant through a Stipulation. Government's Counsel-Lou Bracco -AUSA stated that the Government will not agree to a Stay of Mittimus and Defendant's request for emergency phone conference with this Court is hereby Denied. Mittimus will remain for July 21, 2003. Defendant's Counsel to file a Motion for Stay Of Mittimus set for hearing on July 28, 2003 @9:00 a.m. before Judge Real. This hearing will take place in Honolulu, Hawaii. re [189-1] by Judge Manuel Real (lmg) (Entered: 07/28/2003)
07/28/2003192 EP: MINUTES: DEFENDANT ROBERTA L.K. CABRAL'S MOTION FOR STAY OF MITTIMUS - The defendant is not present, and her presence is waived by counsel. The motion is denied, however, the Court will instruct the Bureau of Prisons by order that the defendant remain at the FDC-Honolulu until such time as her mother is deceased, and that she be allowed to attend the funeral services that are provided and that she not be manacled in any way during this period. Mr. Green shall prepare the order. [189-1] ; Roberta L.K. Cabral Attorney Michael Jay Green present ( Ct Rptr: Stephen Platt) by Judge Manuel L. Real (gab) (Entered: 07/30/2003)
07/30/2003193 JUDGMENT and Commitment returned executed on 7/21/03 as to , Roberta L.K. Cabral (2) count(s) 9ssss-10ssss, 11ssss, 1ssss to FED, Honolulu (gab) (Entered: 07/30/2003)
09/29/2003194 MOTION for immediate payment of restitution from bond proceeds and order as to Roberta L.K. Cabral by USA ; certificate of service - {order by Judge Real - the defendant to pay restitution to Unity House} (cc: financial) (lmg) (Entered: 09/30/2003)
04/21/2004  TRANSCRIPT of Proceedings - 07/30/02 - ORIG - ( Juvelynn Punzal, transcriber ) - pp 10 ;as to Roberta L.K. Cabral (lmg) (Entered: 04/21/2004)
08/25/2004196 SATISFACTION OF JUDGMENT and release of notice of lien re [177-1] as to defendant Roberta L.K. Cabral (eps) (Entered: 08/27/2004)
08/26/2004195 NOTICE of Passport - 120704917 Passport Number returned to defendant Roberta L.K. Cabral (eps) (Entered: 08/27/2004)
08/30/2004197 ORDER granting permission to leave jurisdiction as to Robert LK Cabral by Judge Manuel L. Real (cc: USPO) (eps) (Entered: 08/31/2004)
01/26/2005198 ORDER by Judge Manuel L. Real Granting Permission to Leave Jurisdiction as to deft Roberta Cabral (gs) (Entered: 01/28/2005)
12/13/2005199 ORDER granting permission to leave jurisdiction - signed by Judge MANUEL L. REAL on 12/05/05, received and filed on 12/13/05 - as to(2) Roberta L.K. Cabral; [It is ordered that the defendant Roberta L.K. Cabral be permitted to leave the jurisdiction of the USA on or about 12/14/05 through on or about 12/19/05 (British Columbia) and from on or about 1/4/06 through on or about 1/14/06 (Argentina)] (cc: USP/USM/USA) (lmg, ) (Entered: 12/14/2005)
04/19/2006200 ORDER Granting Permission to Leave Jurisdiction in case as to Roberta L.K. Cabral.Above-named subject is permitted to leave the jurisdiction of the U.S.A. from on or about 04/21/06 through on or about 5/6/06. . Signed by Judge MANUEL L. REAL on 04/18/06. (lmg, ) (Entered: 04/21/2006)
04/21/2006  COURT'S CERTIFICATE of Service - a copy of 200 Order Granting Permission to leave jurisdiction, has been served by First Class Mail to the addresses of record on 4/21/06. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (cc: USM/US Probation) (lmg, ) (Entered: 04/21/2006)
07/05/2006201 [Faxed] ORDER Granting Permission to Leave Jurisdiction as to Roberta L.K. Cabral. Signed by Judge MANUEL L. REAL on July 5, 2006. (cc: USM, PTS, USPO) (bbb, ) (Entered: 07/05/2006)
07/05/2006  COURT'S CERTIFICATE of Service - a copy of 201 "Order Granting Permission to Leave Jurisdiction" has been served via fax and First Class mail upon Michael J. Green on 07/05/2006. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (bbb, ) (Entered: 07/05/2006)
07/11/2006202 Original Signature submitted : ORDER Granting Permission To Leave Jurisdiction - as to Roberta LK Cabral - by Judge Manuel L. Real - re 201 (eps ) (Entered: 07/11/2006)
09/06/2006203 ORDER Granting Permission to Leave Jurisdiction as to Roberta L.K. Cabral . Signed by Judge MANUEL L. REAL on 9/6/06. (eps ) (Entered: 09/06/2006)
03/20/2007204 ORDER Granting Permission to Leave Jurisdiction as to Roberta L.K. Cabral. Signed by Judge MANUEL L. REAL on 3/19/2007. (gab, ) (Entered: 03/20/2007)
05/24/2007205 PROBATION FORM 34-Termination of Supervised Release as to Roberta L.K. Cabral. Signed by Judge MANUEL L. REAL on 5/24/07. (ecs, ) (Entered: 05/25/2007)

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