TERMED

U.S. District Court
District of Hawaii (Hawaii)
CRIMINAL DOCKET FOR CASE #: 1:04-cr-00034-DAE-3


Case title: USA v. Medeiros, et al

Date Filed: 01/21/2004
Date Terminated: 11/03/2005

Assigned to: JUDGE DAVID ALAN EZRA

Defendant (3)
Nuuanu Liquors, Inc.
TERMINATED: 11/03/2005
doing business as
Nuuanu Liquors & Sundries
represented byLouis Michael Ching
4475 Kilauea Ave
Honolulu, HI 96816
392-8727
Email: louismichaelching@hotmail.com
TERMINATED: 11/03/2005
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: CJA Appointment

Pending Counts

Disposition
21:863A.F MAIL ORDER DRUG PARAPHERNALIA; 21:863(a) and 18:2 unlawfully sell drug paraphernalia
(1)
SENTENCE: Probation: 5 YEARS of PROBATION as to Count 1 of the Indictment in CR 04-00034DAE, and Counts 1 and 2 of the Information in CR 04-00413DAE, with both 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 (mandatory condition). 3. The fine of $5,000 is due immediately and any remaining balance 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 the corporation's monthly gross income. There will be a lien placed against any sale of the business. 4. Defendant corporation shall provide the Proba tion 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 subm it 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 defen dant corporation shall advise all officers and employees that the premises may be subject to search pursuant to this condition. Special Assessment: $800.00.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
21:863A.F MAIL ORDER DRUG PARAPHERNALIA; 21:863(a) and 18:2 unlawfully sell drug paraphernalia
(2)
Government's Oral Motion to Dismiss Count 2 in CR 04-00034DAE - GRANTED.

Highest Offense Level (Terminated)
Felony

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
01/02/2004Ex Parte Motion to Seal Criminal Complaint, affidavit, and this motion; granting motion to seal criminal complaint, affidavit, and this motion by Mag Judge Barry M. Kurren sealing case [ 1:04-m -15 ] (eps) (Entered: 01/06/2004)
01/21/200418 EP: INDICTMENT by USA Counts filed against Sun Kum Medeiros (1) count(s) 1, 2, Edwin C. Medeiros (2) count(s) 1, 2, Nuuanu Liquors, Inc. (3) count(s) 1, 2; PS ordered ( Wendy Char ) by Mag Judge Barry M Kurren (eps) Modified on 01/26/2004 (Entered: 01/22/2004)
01/23/200421 PS issued as to Nuuanu Liquors, Inc. ; arraignment set for 3:00 1/28/04 for Nuuanu Liquors, Inc. before Mag Judge Kevin S. Chang (eps) (Entered: 01/23/2004)
01/28/200426 EP: MINUTES: A&P as to the Indictment as to defendants (01) Sun Kum Medeiros, (02) Edwin C. Medeiros, and (03) Nuuanu Liquors, Inc. - defendants (01) and (02) present, not in custody. Court appoints Mr. Ching as counsel for Defendant 03. Arraignments waived, pleas of Not Guilty entered as to defendants 01, 02, and 03 Jury Selection/Trial: 3/23/04, 9:00am, Judge Ezra Final Pretrial Conference: 2/23/04, 10:00am, Judge Kobayashi Motions due: 2/13/04 Response due: 2/27/04 jury trial set for 9:00 3/23/04 for Sun Kum Medeiros, for Edwin C. Medeiros, for Nuuanu Liquors, Inc. ; final pretrial conf set for 10:00 2/23/04 for Sun Kum Medeiros, for Edwin C. Medeiros, for Nuuanu Liquors, Inc. ; Sun Kum Medeiros, Edwin C. Medeiros, Nuuanu Liquors, Inc. Attorney Michael K. Kawahara, Donna Gray, Louis Michael Ching present ( Ct Rptr: FTR C5 C53 3:13-3:16:07) by Judge Kevin SC Chang (eps) (Entered: 01/30/2004)
02/04/200429 PS executed on 1/28/04 as to Nuuanu Liquors, Inc. (eps) (Entered: 02/04/2004)
02/20/200430 STIPULATION to continue trial date and to exclude time under Speedy Trial Act and order by Judge David A. Ezra ; jury trial set for 9:00 9/14/04 DAE for Sun Kum Medeiros, for Edwin C. Medeiros, for Nuuanu Liquors, Inc. ; pretrial conference set for 10:00 8/16/04 BMK for Sun Kum Medeiros, for Edwin C. Medeiros, for Nuuanu Liquors, Inc. pd from 3/23/04 - 9/14/04 18:316(h)(8)(A) (eps) (Entered: 02/20/2004)
08/13/200431 NOTICE of hearing setting hearing on CR 04-00034DAE USA v. (02) Edwin C. Medeiros Motion to Withdraw Not Guilty Plea and to Plead Anew as to (02) Edwin C. Medeiros set for 9-9-04 @ 10:30 a.m., LEK. AUSA: Michael Kawahara Deft's counsel: (02) Donna Gray (eps) (Entered: 08/16/2004)
08/24/200432 EO: MINUTES: Final Pretrial Conference has been continued from 08/30/2004 10:00:00 AM to 11/15/2004 10:00:00 AM Jury Selection/Trial to Follow has been continued from 09/14/2004 09:00:00 AM to 12/14/2004 09:00:00 AM before DAE Time to be excluded. Stip to be prepared by Mr. Kawahara by Judge David Alan Ezra (eps) (Entered: 08/24/2004)
08/30/200433 STIPULATION to continue trial date and to exclude time under speedy trial act and order by Judge David A. Ezra ; jury trial set for 9:00 12/14/04 for Sun Kum Medeiros, for Edwin C. Medeiros, for Nuuanu Liquors, Inc. ; pretrial conference set for 10:00 11/15/04 for Sun Kum Medeiros, for Edwin C. Medeiros, for Nuuanu Liquors, Inc. pd from 9/14/04 up to and including 12/14/04 excluded 18:3161(h)(8)(A) (eps) (Entered: 08/31/2004)
09/01/200434 NOTICE of hearing setting hearing on RE: CR NO. 04-00034DAE USA vs. (02) EDWIN C. MEDEIROS Motion for Withdrawal of Not Guilty Plea and to Plead Anew set for 10:30 9/9/04 is continued to 10:00 9/17/04, LEK. AUSA, Michael K. Kawahara AFPD, Donna Gray (eps) (Entered: 09/01/2004)
09/01/200435 NOTICE of hearing setting hearing on RE: CR NO. 04-00034DAE USA vs. (01) SUN KUM MEDEIROS USA vs. (03) NUUANU LIQUORS, INC. Motion for Withdrawal of Not Guilty Plea and to Plead Anew set for 10:30 9/17/04, LEK AUSA, Michael K. Kawahara Deft's Atty, Louis Michael Ching (eps) (Entered: 09/02/2004)
09/14/200436 NOTICE of hearing setting hearing on RE: CR NO. 04-00034DAE USA vs. (02) EDWIN C. MEDEIROS Motion for Withdrawal of Not Guilty Plea and to Plead Anew set for 10:00 9/17/04 is continued to 10:00 9/30/04, LEK AUSA, Michael K. Kawahara AFPD, Donna Gray (eps) (Entered: 09/14/2004)
09/14/200437 NOTICE of hearing setting hearing on RE: CR NO. 04-00034DAE USA vs. (01) SUN KUM MEDEIROS USA vs. (03) NUUNAU LIQUORS, INC. Motion for Withdrawal of Not Guilty Plea and to Plead Anew set for 10:30 9/17/04 is continued to 10:30 9/30/04, LEK AUSA, Michael K. Kawahara Defts' Atty, Louis Michael Ching Interpreter: Esther Cho (eps) (Entered: 09/14/2004)
09/22/200439 NOTICE of hearing setting hearing on CR NO. 04-00034DAE USA vs. (01) SUN KUM MEDEIROS USA vs. (03) NUUANU LIQUORS, INC. Motion for Withdrawal of Not Guilty Plea and To Plead Anew set for 10:30 9/30/04, LEK is Vacated. Final Pretrial Conference is re-set for 10:00 11/19/04, BMK. Jury Selection/Trial is re-set for 9:00 12/14/04, DAE. AUSA, Michael K. Kawahara Deft's Atty, Louis Michael Ching Interpreter: Esther Cho (afc) (Entered: 09/24/2004)
11/05/200443 CONSENT to Rule 11 plea in a felony case before a United States Magistrate Judge as to Nuuanu Liquors, Inc. [CR 04-34DAE 03 and CR 04-413DAE 03] (eps) (Entered: 11/22/2004)
11/05/200445 MEMORANDUM of Plea Agreement as to Nuuanu Liquors, Inc. [CR 04-34DAE 03 and CR 04-413DAE 03] (eps) (Entered: 11/22/2004)
11/05/200446 PRELIMINARY ORDER of forfeiture by Mag Judge Barry M. [CR 04-34DAE 01, 03 and CR 04-413DAE 01,03] (eps) (Entered: 11/22/2004)
11/05/200447 Report and Recommendation concerning Plea of Guilty as to Nuuanu Liquors, Inc. [CR 04-34DAE 03 and CR 04-413DAE 03] (eps) (Entered: 11/22/2004)
11/05/200441 EP: MINUTES: Motion to Withdraw Not Guilty Plea and to Plead Anew-Defendant (01) Sun Kum Medeiros and (03) Nuuanu Liquors, Inc.-Defendant Sun Kum Medeiros as the Authorized Representative for Defendant (03) Nuuanu Liquors, Inc.-Present not in Custody. Defendant (01) Sun Kum Medeiros-Sworn In. Court questions the Defendant. Consent to Rule 11 Plea in a Felony Case before U.S. Magistrate Judge signed and filed as to Defendant (01) Sun Kum Medeiros and as to the Authorized Representative for Defendant (03) Nuuanu Liquors, Inc. signed and filed. Memorandum of Plea Agreement signed and filed as to Defendant (01) Sun Kum Medeiros and as the Authorized Representative for Defendant (03) Nuuanu Liquors, Inc. Defendant (01) Sun Kum Medeiros and Defendant (03) Nuuanu Liquors, Inc.-Defendant Sun Kum Medeiros as the Authorized Representative for Defendant (03) Nuuanu Liquors, Inc. Enters a Plea of Guilty as to Count 1 of the Indictment. Court recommends the acceptance of the Guilty Plea and Adjudging the Defendants' Guilty as to Counts 1 and 2 of the Felony Information. Defendants' are referred to the Probation Office for the preparation of the presentence report. Sentence set for August 15, 2005 @2:15 p.m. before Judge Ezra. Present Bail to Continue as to Defendant (01) Sun Kum Medeiros. ; Sun Kum Medeiros, Nuuanu Liquors, Inc. Attorney Louis Michael Ching, Michael K. Kawahara present ( Ct C6 1:35-2:18) by Judge Barry M Kurren (eps) (Entered: 11/22/2004)
12/06/200448 Acceptance of Plea of Guilty, Adjudication of Guilt and Notice of Sentencing as to Nuuanu Liquors, Inc. by Judge David A. Ezra [CR 04-34DAE 03 and CR 04-413DAE 03] (eps) (Entered: 12/07/2004)
07/29/200549 USA SENTENCING Statement; certificate of service - as to Nuuanu Liquors, Inc. - CR 04-34DAE 03, CR 04-413DAE 03 (eps) (Entered: 07/29/2005)
08/18/200551 NOTICE of hearing setting hearing on ; sentencing date has been continued from 8/23/2005 to 1:30 11/4/05 for Sun Kum Medeiros, for Nuuanu Liquors, Inc. before Judge David Alan Ezra (gab) (Entered: 08/22/2005)
10/31/200552 NOTICE of hearing setting hearing on Cr. No. 04-00034DAE and Cr. No. 04-00413DAE U.S.A. Vs. (01) Sun Kum Medeiros and (02) Nuuanu Liquors, Inc. Sentence set for November 04, 2005 is hereby moved to November 03, 2005 @2:30 p.m. before Judge Ezra. Government Counsel-Michael Kawahara Defendants' Counsel-Louis M. Ching (eps) (Entered: 11/01/2005)
11/03/200554 EP: MINUTES: Sentencing to Count 1 of the Indictment in CR 04-00034DAE, and Counts 1 and 2 of the Information in CR 04-00413DAE as to Defendant Nuuanu Liquors, Inc. The Memorandum Plea Agreement is accepted. Presentence Report adopted. Sentencing recommendations heard. sentencing Nuuanu Liquors, Inc. (3) count(s) 1. SENTENCE: Probation: 5 YEARS of PROBATION as to Count 1 of the Indictment in CR 04-00034DAE, and Counts 1 and 2 of the Information in CR 04-00413DAE, with both 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 (mandatory condition). 3. The fine of $5,000 is due immediately and any remaining balance 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 the corporation's monthly gross income. There will be a lien placed against any sale of the business. 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. , dismissing counts as to Nuuanu Liquors, Inc. (3) count(s) 2. Government's Oral Motion to Dismiss Count 2 in CR 04-00034DAE - GRANTED. , case terminated ; Nuuanu Liquors, Inc. Attorney Michael K. Kawahara, Louis Michael Ching present ( Ct Rptr: Debra Chun) by Judge David Alan Ezra (eps) (Entered: 11/10/2005)
12/12/200556 JUDGMENT in a Criminal Case as to Nuuanu Liquors, Inc. re 54 . Signed by Judge DAVID ALAN EZRA on 12/8/05. (eps ) Additional attachment(s) added on 7/24/2006 (gab, ). (Entered: 12/15/2005)
01/24/200660 PRESENTENCE INVESTIGATION REPORT (Original sealed and held in probation office) as to Nuuanu Liquors, Inc. (bbb, ) (Entered: 01/24/2006)
01/24/200661 SENTENCING RECOMMENDATION (Original sealed and held in probation office) as to Nuuanu Liquors, Inc. (bbb, ) (Entered: 01/24/2006)