TERMED

U.S. District Court
District of Hawaii (Hawaii)
CRIMINAL DOCKET FOR CASE #: 1:04-cr-00038-SOM All Defendants


Case title: USA v. Kim, et al
Magistrate judge case number: 1:04-mj-00012

Date Filed: 01/21/2004
Date Terminated: 07/14/2005

Assigned to: JUDGE SUSAN OKI MOLLWAY

Defendant (1)
Seon Hee Kim
TERMINATED: 05/19/2005
represented byShanlyn A.S. Park
Office of the Federal Public Defender
PJKK Federal Building
300 Ala Moana Blvd Rm 7-104
Honolulu, HI 96850
541-2521
Fax: 541-3545
Email: shanlyn_park@fd.org
TERMINATED: 01/23/2004
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Public Defender or Community Defender Appointment

William A. Harrison
Harrison & Matsuoka
Davies Pacific Center
841 Bishop St Suite 800
Honolulu, HI 96813
523-7041
Fax: 538-7579
Email: wharrison@hamlaw.net
TERMINATED: 05/19/2005
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
21:863A.F MAIL ORDER DRUG PARAPHERNALIA - 21:863(a) and 18:2 did knowingly, intentionally and unlawfully sell drug paraphernalia, to wit, a glass pipe, a scale, and a torch lighter
(1)
ADJUDGED: Probation: 2 Years as to each of Counts 1 under Criminal Nos. CR 04-00038SOM and CR 04-00421SOM, to run concurrently. Special Assessment: $200.00 ($100 as to each of Counts 1 under Criminal Nos. CR 04-00038SOM and CR 04-00421SOM). CONDITIONS: That the defendant shall abide by the standard conditions of supervision. That the defendant not commit any crimes, federal, state, or local (mandatory condition). That the defendant not possess illegal controlled substances (mandatory c ondition) That the defendant shall cooperate in the collection of DNA as directed by the probation officer. That the defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days o f commencement of supervision and at least two drug tests thereafter, as directed by the Probation Office (mandatory condition). Since the defendant does not have a recent history of substance abuse and the offense is not drug related, is recommended that the Court waive the mandatory drug test condition. That the defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. That the defendant serve 3 months of home detention, starting on 6/20/05, with ele ctronic monitoring as arranged by the Probation Office. During this time, the defendant shall remain at her place of residence during non-working hours and shall not leave her residence without the approval of the Probation Office. The defendant shal l wear an electronic monitoring device and follow electronic monitoring procedures pursuant to the Participant's Agreement and shall earn leave as determined by the Probation Office. The defendant also will be responsible for the payment of the electronic monitoring costs as directed by the Probation Office. That the defendant shall submit 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 supervision. Failure to submit to a search may be grounds for revocation. The defendant shall warn any other resident that the premises may be subject to sea rch pursuant to this condition. The defendant is allowed, with the approval of the Probation Office, to attend her son's graduation this June 2005. Defendant advised of her right to appeal. The Final Order of Forfeiture signed and filed.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
21:863A.F MAIL ORDER DRUG PARAPHERNALIA - 21:863(a), 18:2 did knowlingly, intentionally, and unlawfully sell drug paraphernalia, to wit, a glass pipe
(2)
Government's Motion to Dismiss Count 2 in CR 04-00038SOM as to Deft (01) Seon Hee Kim Only - Granted.

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: JUDGE SUSAN OKI MOLLWAY

Defendant (2)
S.B.J. Grocery & Liquor, Inc.
doing business as "Date St. Grocery"
TERMINATED: 07/14/2005
represented byWilliam A. Harrison
(See above for address)
TERMINATED: 07/14/2005
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
21:863A.F MAIL ORDER DRUG PARAPHERNALIA - 21:863(a) and 18:2 did knowingly, intentionally and unlawfully sell drug paraphernalia, to wit, a glass pipe, a scale, and a torch lighter
(1)
ADJUDGED: Probation: 3 Years as to each of Count 1 of CR04-00038SOM (02) and Count 1 of CR04-00421SOM (02), to run concurrently Fine: $24,000 Special Assessment: $400 as to each of Count 1 of CR04-00038SOM (02) and Count 1 of Cr04-00421SOM (02), for a total of $800 CONDITIONS: 1. That the corporate defendant shall abide by the standard conditions of supervision. 2. That the corporate defendant not commit any crimes, federal, state, or local (mandatory condition). 3. That the corpo rate defendant provide the Probation Office access to any requested financial information. 4. That the fine of $24,000 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. 5. That the defendant corporation 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. 6. That the defendant corporation shall submit its place of business or vehicles to a search conducte d by the U.S. Probation Office at a reasonable time and in a reasonable manner, based upon a reasonable suspicion of contraband or evidence of a violation of a condition of supervision. The corporate defendant shall warn any other individuals/entitie s that share the place of business, that the premises may be subject to search pursuant to this condition.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
21:863A.F MAIL ORDER DRUG PARAPHERNALIA - 21:863(a), 18:2 did knowlingly, intentionally, and unlawfully sell drug paraphernalia, to wit, a glass pipe
(2)
Government's Motion to Dismiss Count 2 of the Indictment as to CR04-00038SOM - 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
01/02/2004COMPLAINT by James Kwan Seu Yun, S/A DEA against Seon Hee Kim signed by Mag Judge Barry M Kurren [ 1:04-m -12 ] (eps) (Entered: 01/06/2004)
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 -12 ] (eps) (Entered: 01/06/2004)
01/02/200410 ARREST Warrant issued for Seon Hee Kim bail set for TO BE DETERMINED by Mag Judge Barry M. Kurren [ 1:04-m -12 ] (sealed) (Entered: 01/16/2004)
01/07/2004AFFIDAVIT of Seon Hee Kim by plaintiff regarding [1-1] [ 1:04-m -12 ] (sealed) (Entered: 01/08/2004)
01/07/2004DECLARATION of interpreter - Bruce J. Kim [ 1:04-m -12 ] (sealed) (Entered: 01/09/2004)
01/07/2004EP: Initial Appearance - defendant present, in custody. Defendant sworn to the financial affidavit and request for court appointed attorney is granted. Shanlyn Park and the Office of the Federal Public Defender is appointed as defendant's counsel. Interpreter Margaret Jefferies, present and sworn. Preliminary Hearing set 1/28/04 at 10:00am before Judge Chang. Bail to be set - Execute an unsecured bond in the amount of $50,000, secured by the posting of $5,000 cash (10 percent). The defendant is released forthwith prior to the posting of surety. A Status Hearing will be scheduled to verify that this condition has been satisfied. In the event surety is posted prior to the hearing date, the Court directs defense counsel to contact the courtroom manager to cancel the hearing. The Status Hearing to be held: January 21, 2004 at 10:00am before Judge Chang. (7b) Comply with pretrial services supervision, and abide by all conditions of release as directed by Pretrial Services. (7g1) Surrender any passport and all travel documents to the U.S. District Court Clerk's Office. Do not apply for/obtain a passport. Surrender no later than: Friday, January 9, 2004 by 12 noon. (7h1) Travel is restricted to State of Hawaii; inter-island travel must be approved in advance by Pretrial Services. (7s1) You are prohibited from owning, possessing, or controlling any firearm or ammunition. Immediately surrender all firearms and ammunition to an agent approved by Pretrial Services. (7u) Do not use or possess illicit drugs, and do not be in the presence of illicit drug use or drug users/traffickers. (7y) You must contribute toward the costs of the services required by this bond, to the extent you are financially able to do so, as determined by Pretrial Services. Other Conditions: Do not possess, display, sell or offer to sell, advertise, import, use or otherwise be in the presence of any drug paraphernalia. The U.S. Attorney's Office will provide Pretrial Services with an initial and updated lists/photos of items deemed to be drug paraphernalia. Pretrial Services will then notify the defendant and the defense attorney of the prohibited items. In addition to the specified prohibited items, items commonly known to be drug paraphernalia are prohibited and the defendant is responsible for clarifying any items in question with defense counsel. On a random, as-needed, and requested basis, provide Pretrial Services with access to inventory and sales records; access to display cabinets, inventory, warehouse/storage areas at place of employment/business and residence; and access to any other area where drug paraphernalia could be stored or sold. As the owner/operator, it is your responsibility to insure that drug paraphernalia is not displayed, sold, or otherwise present in the store. You are required to participate in a post release interview, after which time the conditions of release may be modified as appropriate. Based upon the results of a post release interview, you may be required to submit to drug and/or alcohol detection testing. Defendant shall not commit any offense in violation of federal, state, or local law while on release in this case. Defendant shall appear at all proceedings as required and shall surrender for service of any sentence imposed as directed. , ; preliminary exam set for 10:00 1/28/04 for Seon Hee Kim before Mag Judge Kevin S. Chang , INITIAL APPEARANCE of Seon Hee Kim ; , , $50,000.00 secured by posting Bond set for Seon Hee Kim , ; status hearing set for 10:00 1/21/04 before Judge Chang for Seon Hee Kim ; Seon Hee Kim Attorney Shanlyn A.S. Park, AUSA Michael Kawahara, Margaret Jefferies, Interpreter present ( Ct Rptr: FTR C5-C5-2 3:48-4:10) by Judge Kevin S. Chang [ 1:04-m -12 ] (sealed) (Entered: 01/09/2004)
01/09/2004APPEARANCE BOND ( $50,000. cash (10%)) posted by Seon Hee Kim signed by Judge Chang [ 1:04-m -12 ] (lmg) (Entered: 01/09/2004)
01/09/2004ORDER Setting Conditions of Release for Seon Hee Kim ( $50,000.00 secured by the posting of $5,000.00 cash (10%)) by Mag Judge Kevin S. Chang [ 1:04-m -12 ] (lmg) (Entered: 01/09/2004)
01/09/2004NOTICE and Receipt of Passport - 120670412 Passport Number (placed in vault) of defendant Seon Hee Kim [ 1:04-m -12 ] (lmg) (Entered: 01/14/2004)
01/14/2004ARREST Warrant returned executed as to Seon Hee Kim on 1/6/04 [ 1:04-m -12 ] (lmg) (Entered: 01/15/2004)
01/14/2004  ARREST of defendant Seon Hee Kim on 1/6/04 [ 1:04-m -12 ] (lmg) (Entered: 01/15/2004)
01/21/200411 EP: INDICTMENT by USA Counts filed against Seon Hee Kim (1) count(s) 1, 2, S.B.J. Grocery & (2) count(s) 1, 2; PS ordered ( Wendy Char ) by Mag Judge Kevin S. C. Chang (sm) (Entered: 01/22/2004)
01/21/200414 AFFIDAVIT re Cash Bail or Security, by Seon Lee Kim ($ 5,000.00) (lmg) (Entered: 01/23/2004)
01/23/200412 PS issued as to Seon Hee Kim ; arraignment set for 3:00 1/28/04 for Seon Hee Kim, Judge Kevin S. Chang (sm) (Entered: 01/23/2004)
01/23/200413 PS issued as to S.B.J. Grocery & ; arraignment set for 3:00 1/28/04 for S.B.J. Grocery & Liquor, Inc. dba Date St. Grocery before Mag Judge Kevin S. Chang (sm) (Entered: 01/23/2004)
01/23/200415 Notice of WITHDRAWAL AND SUBSTITUTION of counsel; certificate of service - Order by Mag Judge Kevin S. Chang {approving the withdrawal of Loretta A. Faymonville for Seon Hee Kim and substituting attorney William Harrison for Seon Hee Kim} - on behalf of defendant (lmg) (Entered: 01/23/2004)
01/28/200416 EP: MINUTES: A&P as to the Indictment - defendant 01 present, not in custody. David Klein making a Special Appearance for defendant 02 on behalf of William Harrison. Interpreter Esther Cho present and previously sworn. Arraignments waived, pleas of Not Guilty entered as to defendants 01 and 02 Jury Selection/Trial: 3/16/04, 9:00am, Judge Mollway Final Pretrial Conference: 2/17/04, 10:00am, Judge Kobayashi Motions due: 2/13/04 Response due: 2/27/04 , ; jury trial set for 9:00 3/16/04 for Seon Hee Kim, for S.B.J. Grocery & ; final pretrial conf set for 10:00 2/17/04 for Seon Hee Kim, for S.B.J. Grocery & ; Seon Hee Kim, S.B.J. Grocery &, Chris Thomas for Michael Kawahara, David Klein for William Harrison, Esther Cho, interpreter present ( Ct Rptr: FTR C5-3) by Judge Kevin S. C. Chang (sm) (Entered: 01/30/2004)
02/10/200417 NOTICE of hearing setting hearing on Jury Selection/Trial set for 3/16/04 at 9:00 a.m. SOM is continued to 9/21/04 at 9:00 a.m. SOM; Final Pretrial Conference set for 2/17/04 at 10:00 a.m. LEK is continued to 8/23/04 at 10:00 a.m. BMK; All parties notified by Michael Kawahara AUSA. Mr. Kawahara to prepare the stipulation to continue and to exclude time before Judge Susan Oki Mollway (sm) (Entered: 02/10/2004)
02/10/200418 PS executed on 2/6/04 as to Seon Hee Kim by certified mail on 1/26/04 (sm) (Entered: 02/10/2004)
02/10/200419 PS executed on 2/6/04 as to S.B.J. Grocery & Liquor, Inc. thru Seon Hee Kim via certified mail on 1/26/04. (sm) (Entered: 02/10/2004)
02/12/200420 STIPULATION to Continue Trial Date and to Exclue Time Under the Speedy Trial Act; Order by Judge Susan O. Mollway ; jury trial set for 9:00 9/21/04 SOM for Seon Hee Kim, for S.B.J. Grocery & ; pretrial conference set for 10:00 8/23/04 BMK for Seon Hee Kim, for S.B.J. Grocery & , period from 3/16/04 thru 9/21/04 excluded pursuant to 18:3161 (sm) (Entered: 02/17/2004)
08/18/200421 NOTICE of hearing setting hearing on ; Final Pretrial Conference set for 8/23/04 @ 10:00 a.m. BMK is continued to 8/30/04 @ 10:00 a.m. BMK. Notified: Michael Kawahara AUSA and (01) and (02) William Harrison; pretrial conference set for 10:00 8/30/04 for Seon Hee Kim, for S.B.J. Grocery & by Seon Hee Kim, S.B.J. Grocery & before Judge Susan Mollway (sm) (Entered: 08/19/2004)
08/19/200422 NOTICE of hearing setting hearing on Jury Selection/Trial set for 9/21/04 @ 9:00 a.m. SOM is continued to 1/4/05 @ 9:00 a.m SOM. Final Pretrial Conference set for 8/30/04 @ 10:00 a.m. BMK is continued to 12/6/04 @ 10:00 a.m. LEK. Notified: Michael Kawahara AUSA, (01) and (02) William Harrison through Mr. Kawahara. Mr. Kawahara to prepare the stipulation to continue and to exclude time.; jury trial set for 9:00 1/4/05 for Seon Hee Kim, for S.B.J. Grocery & ; pretrial conference set for 10:00 12/6/04 for Seon Hee Kim, for S.B.J. Grocery & by Seon Hee Kim, S.B.J. Grocery & before Judge Susan Oki Mollway (sm) (Entered: 08/20/2004)
09/08/200423 STIPULATION to Continue Trial Date and to Exclude Time Under Speedy Trial Act; order by Judge Susan O. Mollway ; jury trial set for 9:00 1/4/05 for Seon Hee Kim, for S.B.J. Grocery & ; pretrial conference set for 10:00 12/6/04 for Seon Hee Kim, for S.B.J. Grocery & , pd from 9/21/04 thru 1/4/05 excluded purs to 18:3161. (sm) (Entered: 09/08/2004)
11/03/200424 NOTICE of hearing setting hearing on Motion to Withdraw Not Guilty Plea and to Plead Anew as to (01) Seon Hee Kim and (02) S.B.J. Grocery & Liquor, Inc. set for 11-18-04 @ 11 a.m., BMK. AUSA: Michael Kawahara Deft's counsel: (01) and (02) William Harrison ; withdrawal of not guilty plea set for 11:00 11/18/04 for Seon Hee Kim, for S.B.J. Grocery & before Judge Kurren (sm) (Entered: 11/05/2004)
11/23/200425 EP: M/Withdraw Not Guilty Plea and to Plead Anew as to CR 04-00038SOM and Initial Appearance, Arraignment and Plea of Guilty to the Felony Information, and Waiver of Indictment as to CR 04-00421SOM - (01) Seon Hee Kim present on bail, and (02) Sun Bok Jo for S.B.J. Grocery & Liquor, Inc. dba "Date St. Grocery"present. Consent to Rule 11 Plea in a Felony Case Before United States Magistrate Judge signed and filed. Deft and Sun Bok Jo sworn and queried. Advised of rights. Memorandums of Plea Agreement signed and filed. Pleas of GUILTY entered to Count I of the Indictment (CR 04-00038SOM) and Counts I and II of the Felony Information (CR 04-00421SOM). Count II of the Indictment to be dismissed after sentencing. Court to submit Report and Recommendation Concerning Guilty Plea recommending that deft and the corporation be adjudged guilty. Deft and Sun Bok Jo advised of right to file objection to Report and Recommendation. Pre-Sentence Investigation Report ordered. SENTENCING 5-19-05 @ 2:15 p.m., SOM. Trial date vacated. Bail to continue. cc: Financial Deputy : w/d of not guilty plea/plead anew held on 11/23/04 , guilty plea entered by Seon Hee Kim, S.B.J. Grocery & , ; sentencing hearing set for 2:15 5/19/04 for Seon Hee Kim, for S.B.J. Grocery & , ; Seon Hee Kim, S.B.J. Grocery & Attorney William Harrison, Michael K. Kawahara, Susan Wehrman interpreter present ( Ct Rptr: C6F 11:38-12:33) by Judge Barry Kurren (sm) (Entered: 11/26/2004)
11/23/200426 CONSENT to Rule 11 plea in a felony case before a United States Magistrate Judge as to Seon Hee Kim (sm) (Entered: 11/26/2004)
11/23/200427 MEMORANDUM of Plea Agreement as to Seon Hee Kim (sm) (Entered: 11/26/2004)
11/23/200428 Report and Recommendation concerning Plea of Guilty as to Seon Hee Kim (sm) (Entered: 11/26/2004)
11/23/200429 CONSENT to Rule 11 plea in a felony case before a United States Magistrate Judge as to S.B.J. Grocery & (sm) (Entered: 11/26/2004)
11/23/200430 MEMORANDUM of Plea Agreement as to S.B.J. Grocery & (sm) (Entered: 11/26/2004)
11/23/200431 Report and Recommendation concerning Plea of Guilty as to S.B.J. Grocery & (sm) (Entered: 11/26/2004)
11/23/200432 Preliminary Order of Forfeiture - Defendant shall forfeit to the United States all drug paraphernailia specified in said court by Mag Judge Barry M. Kurren (sm) (Entered: 11/26/2004)
12/13/200433 Acceptance of Plea of Guilty, Adjudication of Guilt and Notice of Sentencing as to deft (01) Seon Hee Kim by Judge Susan Oki Mollway (afc) (Entered: 12/13/2004)
04/08/200534 Government's SENTENCING Statement; Certificate of service as to S.B.J. Grocery & (gs) (Entered: 04/11/2005)
04/08/200535 Government's SENTENCING Statement; Certificate of Service as to Seon Hee Kim (gs) (Entered: 04/11/2005)
04/19/200536 SENTENCING Statement of Defendant Seon Hee Kim and Certificate of Service (gs) (Entered: 04/20/2005)
04/19/200537 SENTENCING Statement of Defendant S.B.J. Grocery & Liquor, Inc. and Certificate of Service (gs) (Entered: 04/20/2005)
05/19/200538 EP: MINUTES: CR 04-00038SOM - Sentencing to Count 1 of the Indictment; CR 04-00421SOM - Sentencing to Counts 1 and 2 of the Felony Information - Defendant (01) Seon Hee Kim present, with Interpreter Susan Wehrman, who was previously sworn. For today, Mr. Harrison to stand in as representative for the corporation. The Memorandum of Plea Agreement has been accepted by the Court. Court takes a recess in order to review the PSR re: (02) S.B.J. Grocery & Liquor, Inc. Discussion held re: imposition of a fine as to Defendant (02) S.B.J. Grocery & Liquor, Inc. Court will proceed with sentencing Defendant (01) Seon Hee Kim only. Mr. Harrison to contact Ms. Jo, the president of the corporation, and to inform her to be present at the sentencing of the corporation. Sentencing for (02) S.B.J. Grocery & Liquor, Inc. is continued to 6/16/05 @ 3:45 p.m. EO: Later that afternoon, Mr. Kawahara contacted the CRM in inform her that he had a conflict with the sentencing date of 6/16/05 @ 3:45 p.m. Sentencing for (02) S.B.J. Grocery & Liquor, Inc. is continued to 6/27/05 @ 3:00 p.m. Mr. Kawahara and Mr. Harrison were notified. sentencing Seon Hee Kim (1) count(s) 1. ADJUDGED: Probation: 2 Years as to each of Counts 1 under Criminal Nos. CR 04-00038SOM and CR 04-00421SOM, to run concurrently. Special Assessment: $200.00 ($100 as to each of Counts 1 under Criminal Nos. CR 04-00038SOM and CR 04-00421SOM). CONDITIONS: That the defendant shall abide by the standard conditions of supervision. That the defendant not commit any crimes, federal, state, or local (mandatory condition). That the defendant not possess illegal controlled substances (mandatory condition) That the defendant shall cooperate in the collection of DNA as directed by the probation officer. That the defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of commencement of supervision and at least two drug tests thereafter, as directed by the Probation Office (mandatory condition). Since the defendant does not have a recent history of substance abuse and the offense is not drug related, is recommended that the Court waive the mandatory drug test condition. That the defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. That the defendant serve 3 months of home detention, starting on 6/20/05, with electronic monitoring as arranged by the Probation Office. During this time, the defendant shall remain at her place of residence during non-working hours and shall not leave her residence without the approval of the Probation Office. The defendant shall wear an electronic monitoring device and follow electronic monitoring procedures pursuant to the Participant's Agreement and shall earn leave as determined by the Probation Office. The defendant also will be responsible for the payment of the electronic monitoring costs as directed by the Probation Office. That the defendant shall submit 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 supervision. Failure to submit to a search may be grounds for revocation. The defendant shall warn any other resident that the premises may be subject to search pursuant to this condition. The defendant is allowed, with the approval of the Probation Office, to attend her son's graduation this June 2005. Defendant advised of her right to appeal. The Final Order of Forfeiture signed and filed. , dismissing counts as to Seon Hee Kim (1) count(s) 2. Government's Motion to Dismiss Count 2 in CR 04-00038SOM as to Deft (01) Seon Hee Kim Only - Granted. , terminating party Seon Hee Kim ; Seon Hee Kim Attorney Michael K. Kawahara, William Harrison present ( Ct Rptr: Cynthia Fazio) by Judge Susan Oki Mollway (eps) (Entered: 05/20/2005)
05/26/200539 JUDGMENT In A Criminal Case as to Seon Hee Kim by Judge Susan O. Mollway (cc: USA, William Harrison, USMS, USPO, PTS, OF) (sealed) Additional attachment(s) added on 7/26/2006 (bbb, ). (Entered: 05/26/2005)
06/02/200540 PRESENTENCE Report on Seon Hee Kim (original sealed and held in probation office). (bbb) (Entered: 06/02/2005)
06/24/200541 NOTICE of hearing setting hearing on CR 04-00038SOM - Sentencing to Count 1 of the Indictment CR 04-00421SOM - Sentencing to Counts 1 and 2 of the Felony Information Set for 6/27/05 @ 3:00 p.m. SOM are continued to 7/7/05 @ 3:00 p.m. SOM. Notified: Michael Kawahara AUSA through secretary and 02 William Harrison. Mr. Harrison to prepare the stipulation. Submitted by: Toni Fujinaga Courtroom Manager to the Honorable Susan Oki Mollway ; sentencing hearing set for 3:00 7/7/05 for S.B.J. Grocery & (afc) (Entered: 06/24/2005)
07/01/200542 NOTICE of hearing setting hearing on CR 04-00038SOM USA vs. (02) S.B.J. Grocery & Liquor, Inc.; CR 04-00421SOM USA vs. (02) S.B.J. Grocery & Liquor, Inc. - CR 04-00038SOM - Sentencing to Count 1 of the Indictment and CR 04-00421 SOM - Sentencing to Counts 1 and 2 of the Felony Information Set for 7/7/05 @ 3:00 p.m. are continued to 7/14/05 @ 3:00 p.m. SOM. Notified: Michael Kawahara AUSA and William Harrison. Submitted by: Toni Fujinaga, Courtroom Manager to the Honorable Susan Oki Mollway (afc) (Entered: 07/03/2005)
07/14/200543 EP: MINUTES: 1. Sentencing to Count 1 of the Indictment as to (02) S.B.J. Grocery & Liquor, Inc. 2. Sentencing to Counts 1 and 2 of the Felony Information as to (02) S.B.J. Grocery & Liquor, Inc. Defendant present through its President/VP Sun Bok Jo along with Interpreter Susan Wehrman, previously sworn. The Memorandum of Plea Agreement has been accepted by the Court. sentencing S.B.J. Grocery & (2) count(s) 1. ADJUDGED: Probation: 3 Years as to each of Count 1 of CR04-00038SOM (02) and Count 1 of CR04-00421SOM (02), to run concurrently Fine: $24,000 Special Assessment: $400 as to each of Count 1 of CR04-00038SOM (02) and Count 1 of Cr04-00421SOM (02), for a total of $800 CONDITIONS: 1. That the corporate defendant shall abide by the standard conditions of supervision. 2. That the corporate defendant not commit any crimes, federal, state, or local (mandatory condition). 3. That the corporate defendant provide the Probation Office access to any requested financial information. 4. That the fine of $24,000 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. 5. That the defendant corporation 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. 6. That the 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 a reasonable suspicion of contraband or evidence of a violation of a condition of supervision. The corporate defendant shall warn any other individuals/entities that share the place of business, that the premises may be subject to search pursuant to this condition. , dismissing counts as to S.B.J. Grocery & (2) count(s) 2. Government's Motion to Dismiss Count 2 of the Indictment as to CR04-00038SOM - Granted Final Order of Forfeiture signed and filed. Defendant corporation advised of its right to appeal , terminating party S.B.J. Grocery & , case terminated ; S.B.J. Grocery, Anne Shimokawa (USPO), Susan Wehrman (interpreter), Attorney Michael K. Kawahara, William Harrison present ( Ct Rptr: Cynthia Fazio) by Judge Susan Oki Mollway (sealed) (Entered: 07/15/2005)
07/21/200544 PRESENTENCE Report on S.B.J. Grocery & (original sealed and held in probation office). (bbb) (Entered: 07/21/2005)
07/21/200545 SENTENCING RECOMMENDATION as to S.B.J. Grocery & (original sealed and held in probation office) (bbb) (Entered: 07/21/2005)
07/21/200546 Revised SENTENCING RECOMMENDATION as to S.B.J. Grocery & (original sealed and held in probation office) (bbb) (Entered: 07/21/2005)
07/25/200547 JUDGMENT in a Criminal Case as to S.B.J. Grocery & by Judge Susan O. Mollway (cc: USA, William Harrison, USMS, USPO, PTS, OF) (gs) Additional attachment(s) added on 7/25/2006 (bbb, ). (Entered: 07/27/2005)
05/24/200748 PROBATION FORM 34-Termination of Supervised Release/Probation as to (01) Seon Hee Kim - Signed by Judge SUSAN OKI MOLLWAY on 5/21/07. (emt, ) (Entered: 05/24/2007)
06/07/200749 Receipt for Return of Passport as to Seon Hee Kim Passport Number 120670412, issued at Honolulu, HI. (emt, ) (Entered: 06/07/2007)
07/21/200850 PROBATION FORM 34-Termination of Supervised Release/Probation as to (02) S.B.J. Grocery & Liquor, Inc. Signed by JUDGE SUSAN OKI MOLLWAY. (emt, ) (Entered: 07/22/2008)