TERMED

U.S. District Court
District of Hawaii (Hawaii)
CRIMINAL DOCKET FOR CASE #: 1:04-cr-00415-DAE-1


Case title: USA v. Chubby's Store, Inc.

Date Filed: 11/03/2004
Date Terminated: 11/03/2005

Assigned to: JUDGE DAVID ALAN EZRA

Defendant (1)
Chubby's Store, Inc.
TERMINATED: 11/03/2005
doing business as
Chubby's Pantry
represented byRichard H.S. Sing
1130 N Nimitz Hwy Ste B-223
Honolulu, HI 96817
532-3800
TERMINATED: 11/03/2005
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
21:863 and 18:2 Knowingly, intentionally and unlawfully offer for sale DRUG PARAPHERNALIA
(1)
Probation: 5 YEARS as to Count 2 of CR 04-00039DAE and Count 1 of CR 04-00415DAE, with all such terms to run concurrently CONDITIONS: 1.Defendant shall abide by the standard conditions of probation. 2.Defendant shall not commit any crimes, federal, s tate, or local. 3.The fine of $7,500 is due immediately and any remaining balance be paid during the period of probation on an installment basis according to the collection policy of the Probation Office but at a rate of not less than 10 percent of the corporation's monthly gross income. 4.Defendant corporation shall provide the Probation Office and the Financial Litigation Unit of the U.S. Attorney's Office access to any financial information to include submitting to periodic deb tor's examinations as directed by the Probation Office. 5.Defendant corporation shall submit its place of business or vehicles to a search conducted by the U.S. Probation Office at a reasonable time and in a reasonable manner, based upon reasona ble suspicion of contraband or evidence of a violation of a condition of supervision. The defendant corporation shall advise all officers and employees that the premises may be subject to search pursuant to this condition. Special Assessment: $8 00.00. Defendant advised of her right to appeal; 12/1/05 - Amended Sentencing EO: Probation 5 years, as to Count 2 of CR 04-0039 DAE and counts 1 and 2 of CR 04-00415 DAE, with all such terms to run concurrently
21:863(c) Forfeiture of DRUG PARAPHERNALIA
(2)
Probation: 5 YEARS as to Count 2 of CR 04-00039DAE and Count 1 of CR 04-00415DAE, with all such terms to run concurrently CONDITIONS: 1.Defendant shall abide by the standard conditions of probation. 2.Defendant shall not commit any crimes, federal, s tate, or local. 3.The fine of $7,500 is due immediately and any remaining balance be paid during the period of probation on an installment basis according to the collection policy of the Probation Office but at a rate of not less than 10 percent of the corporation's monthly gross income. 4.Defendant corporation shall provide the Probation Office and the Financial Litigation Unit of the U.S. Attorney's Office access to any financial information to include submitting to periodic deb tor's examinations as directed by the Probation Office. 5.Defendant corporation shall submit its place of business or vehicles to a search conducted by the U.S. Probation Office at a reasonable time and in a reasonable manner, based upon reasona ble suspicion of contraband or evidence of a violation of a condition of supervision. The defendant corporation shall advise all officers and employees that the premises may be subject to search pursuant to this condition. Special Assessment: $8 00.00. Defendant advised of her right to appeal; 12/1/05 - Amended Sentencing EO: Probation 5 years, as to Count 2 of CR 04-0039 DAE and counts 1 and 2 of CR 04-00415 DAE, with all such terms to run concurrently

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byMichael K. Kawahara
Office of the United States Attorney
Prince Kuhio Federal Building
300 Ala Moana Blvd Ste 6100
Honolulu, HI 96850
541-2850
Email: mike.kawahara@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
11/03/2004INFORMATION by USA Chubby's Store, Inc. (1) count(s) 1, 2 (gs) (Entered: 11/04/2004)
11/03/2004NOTICE - As to Cr 04-00039 DAE USA v. Chubby's Store, Inc. - Motion to withdraw not guilty plea and to plead anew set for 11/17/04 @ 9:30 a.m. BMK; As to CR 04-00415 DAE USA v Chubby's Store, Inc. - Initial Appearance and Arraignment and plea of guilty to Felony Information set for 11/17/04 @ 9:30 a.m., BMK (gs) (Entered: 11/05/2004)
11/17/2004EO: MINUTES: Initial Appearance and Arraignment and Plea of Guilty to a Felony Information and Waiver of Indictment continued from 11/17/04 to 11/19/04 @ 3:30 p.m., BMK for Chubby's Store, Inc. by Judge Kurren (gs) (Entered: 11/18/2004)
11/19/2004WAIVER of Indictment by defendant Chubby's Store, Inc. (gs) (Entered: 11/22/2004)
11/19/2004EP: MINUTES: M/withdraw Not Guilty Plea and to Plead Anew as to Chubby's Store, Inc., dba "Chubby's Pantry" - In Soon Baik, Vice President of the corporation present; Interpreter Esther Cho previously sworn; Consent to Rule 11 Plea in a Felony Case Before United States Magistrate Judge signed and filed. In Soon Baik sworn and queried. Advised of rights. Memorandum of Plea Agreement signed and filed. Plea of GUILTY entered to Count II of the Indictment (CR 04-00039DAE). Plea of GUILTY entered to Counts I and II of the Felony Information (CR 04-00415DAE). Count II of the Indictment to be dismissed after sentencing. Court to submit Report and Recommendation Concerning Guilty Plea recommending that deft be adjudged guilty. Deft advised of right to file objection to Report and Recommendation ; Pre-Sentence Investigation Report ordered. SENTENCING 8-22-05 @ 3 p.m., DAE. Trial date vacated ; Chubby's Store, Inc., USA Attorney Michael K. Kawahara, Richard H.S. Sing, Interpreter Esther Cho present (Ct Rptr: C6; 3:24-4:05) by Judge Kurren (gs) (Entered: 11/22/2004)
11/19/2004Report and Recommendation concerning Plea of Guilty as to Chubby's Store, Inc. (gs) (Entered: 11/23/2004)
11/19/2004PRELIMINARY ORDER of forfeiture by Mag Judge Barry M. Kurren [CR 04-39DAE 02 and CR 04-415DAE 02] (eps) (Entered: 11/23/2004)
11/19/2004MEMORANDUM of Plea Agreement as to Chubby's Store, Inc. [CR 04-39DAE 02 and CR 04-415DAE 02] (eps) (Entered: 11/23/2004)
12/10/2004Acceptance of Plea of Guilty, Adjudication of Guilt and Notice of Sentencing by Judge David A. Ezra [6-1] as to Chubby's Store, Inc., (gs) (Entered: 12/13/2004)
01/11/200510 AFFIDAVIT of Publication by Valerie Yanagihara (gs) (Entered: 01/12/2005)
01/31/200511 Process Receipt and RETURN OF SERVICE executed on 1/21/05 in re Preliminary Order/Notice for publication (gs) (Entered: 02/01/2005)
07/29/200512 USA SENTENCING Statement; certificate of service - as to Chubby's Store, Inc. CR 04-39DAE 02, CR 04-415DAE 01 (eps) (Entered: 07/29/2005)
08/18/200513 NOTICE of hearing setting hearing on CR 04-00039DAE, CR 04-00415DAE USA v. Chubby's Store, Inc. Sentencing date has been continued from 8/22/2005 to 11/3/2005 @130pmDAE AUSA: Mike Kawahara Attorney: Richard Sing (eps) (Entered: 08/23/2005)
11/03/200515 EP: MINUTES: Sentencing to Count 2 of the Indictment in CR 04-00039 DAE, Sentencing to Counts 1 and 2 of the Information in CR 04-00415 DAE, as to Deft Chubby's Store Inc., dba "Chubby's Pantry"; Deft Chubby's Store Inc. dba "Chubby's Pantry" present, not in custody; The Memorandum of Plea Agreement is accepted; Presentence Report adopted; Sentencing recommendations heard; Allocution by Deft Chubby's Store Inc. dba "Cubby's Pantry"; SENTENCE: Probation: 5 YEARS as to Count 2 of CR 04-00039DAE and 1 of CR 04-00415DAE, with all such terms to run concurrently CONDITIONS: 1.Defendant shall abide by the standard conditions of probation. 2.Defendant shall not commit any crimes, federal, state, or local. 3.The fine of $7,500 is due immediately and any remaining balance be paid during the period of probation on an installment basis according to the collection policy of the Probation Office but at a rate of not less than 10 percent of the corporation's monthly gross income. 4.Defendant corporation shall provide the Probation Office and the Financial Litigation Unit of the U.S. Attorney's Office access to any financial information to include submitting to periodic debtor's examinations as directed by the Probation Office. 5.Defendant corporation shall submit its place of business or vehicles to a search conducted by the U.S. Probation Office at a reasonable time and in a reasonable manner, based upon reasonable suspicion of contraband or evidence of a violation of a condition of supervision. The defendant corporation shall advise all officers and employees that the premises may be subject to search pursuant to this condition. Special Assessment: $800.00. Defendant advised of her right to appeal , case terminated ; Chubby's Store, Inc., USA Attorney Michael K. Kawahara, Richard H.S. Sing, USPO Roy Kawamoto present ( Ct Rptr: Debra Chun) by Judge Ezra (gs) (Entered: 11/09/2005)
11/04/200514 Final ORDER of Forfeiture by Judge David A. Ezra (gs) (Entered: 11/04/2005)
12/01/200516 EO: MINUTES: re [15-4] Sentencing to Count 2 of the Indictment in CR 04-00039 DAE, Sentencing to Counts 1 and 2 of the Information in CR 04-00415 DAE, as to Deft Chubby's Store Inc. dba "Chubby's Pantry"; AMENDED SENTENCE: Probation 5 years, as to Count 2 of CR 04-0039 DAE and counts 1 and 2 of CR 04-00415 DAE, with all such terms to run concurrently as to Chubby's Store, Inc. by Judge Ezra (gs) (Entered: 12/02/2005)
12/05/200517JUDGMENT In A Criminal Case as to Chubby's Store, Inc. . Signed by Judge DAVID ALAN EZRA on 12/5/05. (gls, ) Additional attachment(s) added on 7/31/2006 (gab, ). (Entered: 12/07/2005)
01/24/200618 PRESENTENCE INVESTIGATION REPORT (Original sealed and held in probation office) as to Chubby's Store, Inc. (bbb, ) (Entered: 01/24/2006)
01/24/200619 SENTENCING RECOMMENDATION (Original sealed and held in probation office) as to Chubby's Store, Inc. (bbb, ) (Entered: 01/24/2006)