Case Details

CourtDistrict of Hawaii
Docket number1:11-cr-01018
Date case filed2011-11-03
Date case closed2012-06-27
Date of latest filing2012-11-19
Assigned toJUDGE SUSAN OKI MOLLWAY
Case cause
Nature of suit
Jury demand
Demand
Jurisdiction

Case Parties

Party: Robert Hengel
Party type: Defendant (1)
TERMINATED: 05/23/2012
Attorney name: Keith S. Hampton
Attorney Contact:
Law Office of Keith S. Hampton
1103 Nueces Street
Austin, TX 78701
(512) 476-8484
Fax: (512) 477-3580
Email: [email protected]
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Designation: Retained

Attorney name: Thomas M. Otake
Attorney Contact:
Thomas M. Otake AAL, ALC
345 Queen Street, Ste 600
Honolulu, HI 96813
523-3325
Fax: 599-1645
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12011-11-03 SEALED INDICTMENT as to Robert Hengel (1) count(s) 1, 2, 3, 4, Shane Dieghan (2) count(s) 1, 3. (gls, ) (Entered: 11/04/2011)
22011-11-03 Correspondence re: Original Indictment (Attachments: # 1 Criminal Information Sheet (1), # 2 Criminal Information Sheet (2)) (gls, ) (Entered: 11/04/2011)
52011-11-10 CJA 23 Financial Affidavit by Shane Dieghan (gls, ) (Entered: 11/13/2011)
62011-11-10 Summons Returned Executed on 11/10/11. as to Shane Dieghan (gls, ) (Entered: 11/13/2011)
72011-11-10 EP : Initial Appearance; A & P to the Indictment as to Shane Dieghan (2) Count 1,3 held on 11/10/2011. (SEALED) -- case unsealed pursuant to 9 EO. (FTR-Ctrm 6/1:50-1:54 PM.) (JUDGE RICHARD L. PUGLISI)(emt, )No COS issued for this docket entry Modified on 11/29/2011 (emt, ). (Entered: 11/14/2011)
82011-11-22 Arrest Warrant Returned Executed on 11/16/11 in case as to (01) Robert Hengel. (Attachments: # 1 copy of executed warrant with Special Agent's signature)(emt, ) (Entered: 11/23/2011)
92011-11-29 EO : re 1 Per AUSA Chris Thomas, this case may be unsealed. (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 11/29/2011)
102011-11-29 EO : as to Robert Hengel : At the Government's request, Initial Appearance; A & P to the Indictment as to Defendant (01) Robert Hengel set 12/5/11 shall be continued to 1/18/2012 01:30 PM before JUDGE RICHARD L. PUGLISI. (JUDGE KEVIN S.C. CHANG)(sna, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 11/29/2011)
112011-12-07 NOTICE OF ATTORNEY APPEARANCE: appearing for Robert Hengel (Attachments: # 1 Certificate of Service)(Otake, Thomas) (Entered: 12/07/2011)
122011-12-07 APPLICATION to Appear Pro Hac Vice by Robert Hengel (Attachments: # 1 Declaration of Counsel)(Otake, Thomas) (Entered: 12/07/2011)
132011-12-14 Stipulation And Order Continuing Trial Date And Excluding Time Under The Speedy Trial Act - as to Shane Dieghan Time excluded from 1/10/12 until 4/24/12., ( Final Pretrial Conference set for 3/27/2012 01:30 PM before Judge BARRY M. KURREN., Jury Selection/Trial set for 09:00 AM on 4/25/2012 before JUDGE SUSAN OKI MOLLWAY.). Signed by JUDGE SUSAN OKI MOLLWAY on 12/14/11. (gls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 12/14/2011)
142011-12-19 Pro Hac Vice Filing fee for Keith S. Hampton, Esq. : $ 300, receipt number HI002114 re 12 Application for Pro Hac Vice as to (02) Robert Hengel. (emt, ) (Entered: 12/20/2011)
152011-12-20 ORDER DENYING WITHOUT PREJUDICE APPLICATION TO APPEAR PRO HAC VICE re 12 as to (01) Robert Hengel - Signed by JUDGE KEVIN S.C. CHANG on 12/20/11. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Keith Hampton, Esq. served by First Class Mail at 1103 Nueces Street, Austin, TX 78701 on December 20, 2011. (Entered: 12/20/2011)
162011-12-27 EO: as to Defendant (01) Robert Hengel. Initial Appearance and A & P to the Indictment as to Defendant (01) Robert Hengel set for 1/18/2012 is ADVANCED from 1:30 PM to 09:00 AM, the same day, in Courtroom 6 before JUDGE RICHARD L. PUGLISI. (JUDGE RICHARD L. PUGLISI)(mrf)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 12/27/2011)
172011-12-29 APPLICATION to Appear Pro Hac Vice by Robert Hengel (Attachments: # 1 Declaration of Counsel, # 2 Certificate of Service)(Otake, Thomas) Modified on 12/29/2011 - modified to change docketing event to "motion for pro hac vice"; filing fee was paid on December 19, 2011 (emt, ). (Entered: 12/29/2011)
192012-01-05 ORDER GRANTING APPLICATION TO APPEAR PRO HAC VICE 17 as to Robert Hengel (1) - Signed by JUDGE KEVIN S.C. CHANG on 1/5/12. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 01/05/2012)
202012-01-10 EO: as to Defendant Robert Hengel. Initial Appearance and A & P to the Indictment as to Defendant (01) Robert Hengel set for 1/18/2012 is CONTINUED from 9:00 AM to 10:00 AM,the same day, in Courtroom 6 before JUDGE RICHARD L. PUGLISI. (JUDGE RICHARD L. PUGLISI)(mrf)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 01/10/2012)
212012-01-12 MOTION for Discovery by Robert Hengel as to Robert Hengel, Shane Dieghan. (Hampton, Keith) Modified on 1/13/2012 (emt, ). (Entered: 01/12/2012)
222012-01-12 MOTION for Disclosure Exculpatory Evidence by Robert Hengel as to Robert Hengel, Shane Dieghan. (Hampton, Keith) Modified on 1/13/2012 (emt, ). (Entered: 01/12/2012)
232012-01-12 REQUEST for Disclosure of Opinion Witnesses and Memorandum of Law in Support by Robert Hengel (Hampton, Keith) (Entered: 01/12/2012)
242012-01-12 MOTION for Leave to File Additional Motions by Robert Hengel as to Robert Hengel, Shane Dieghan. (Hampton, Keith) Modified on 1/13/2012 (emt, ). (Entered: 01/12/2012)
252012-01-12 MOTION for Discovery Motion for Pretrial Notice of Other Crimes, Wrongs, or Acts and Incorporated Memorandum in Support by Robert Hengel as to Robert Hengel, Shane Dieghan. (Hampton, Keith) Modified on 1/13/2012 (emt, ). (Entered: 01/12/2012)
262012-01-12 MOTION for Disclosure Motion for Specific "Giglio" Materials by Robert Hengel as to Robert Hengel, Shane Dieghan. (Hampton, Keith) Modified on 1/13/2012 (emt, ). (Entered: 01/12/2012)
272012-01-13 EO: as to Defendant (01) Robert Hengel. Per counsel's request, the Initial Appearance and A & P to the Indictment as to Defendant (01) Robert Hengel is CONTINUED from 1/18/2012 to 1/25/2012 at 02:00 PM in Courtroom 6 before JUDGE RICHARD L. PUGLISI. (JUDGE RICHARD L. PUGLISI)(mrf)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 01/13/2012)
282012-01-17 EO: as to Defendant (01) Robert Hengel. Per counsel's request and agreement, the Initial Appearance and A & P to the Indictment as to Defendant (01) Robert Hengel is CONTINUED from 1/25/2012 to 3/12/2012 at 01:30 PM in Courtroom 7 before Judge BARRY M. KURREN. (JUDGE RICHARD L. PUGLISI)(mrf)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 01/17/2012)
292012-01-17 NOTICE OF HEARING ON MOTION in case as to Defendant (01) Robert Hengel. Per counsel's request and agreement, hearing on 21 Defendant (01) Robert Hengel's Motion for Discovery, 22 Defendant (01) Robert Hengel's Motion for Disclosure of Exculpatory Evidence, 24 Defendant (01) Robert Hengel's Motion for Leave to File Additional Motions, 25 Defendant (01) Robert Hengel's Motion for Pretrial Notice of Other Crimes, Wrongs, or Acts, and 26 Defendant (01) Robert Hengel's Motion for Specific "Giglio" Materials is set for 3/27/2012 at 01:30 PM in Courtroom 7 before Judge BARRY M. KURREN. (mrf)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 01/17/2012)
302012-01-25 EO: As to Defendants (01) Robert Hengel and (02) Shane Dieghan, Final Pretrial Conference as Defendant (02) Shane Dieghan; hearing on 21 Defendant (01) Robert Hengel's Motion for Discovery, 22 Defendant (01) Robert Hengel's Motion for Disclosure of Exculpatory Evidence, 24 Defendant (01) Robert Hengel's Motion for Leave to File Additional Motions, 25 Defendant (01) Robert Hengel's Motion for Pretrial Notice of Other Crimes, Wrongs, or Acts and 26 Defendant (01) Robert Hengel's Motion for Specific "Giglio" Materials set for 3/27/2012 @ 01:30 PM before Judge Kurren shall be moved to JUDGE RICHARD L. PUGLISI's calendar on 3/27/2011 @ 1:30 PM. (Judge BARRY M. KURREN)(tyk)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 01/25/2012)
312012-02-29 EO: As to Defendant (02) Shane Dieghan: Motion for Withdrawal of Not Guilty Plea and to Plead Anew set for 3/7/2012 @ 11:00 AM before Judge BARRY M. KURREN. The Final Pretrial Conference Date of 3/27/2012 and the Jury Selection/Jury Trial Date of 4/25/2012 are vacated. (Judge BARRY M. KURREN)(tyk)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 02/29/2012)
322012-03-02 EO: Motion for Withdrawal of Not Guilty Plea and to Plead Anew as to Defendant (02) Shane Dieghan set for 3/7/2012 @ 11:00 AM is moved to 03:00 PM the same day before Judge BARRY M. KURREN. (Judge BARRY M. KURREN)(tyk)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 03/02/2012)
332012-03-07 EP : Motion for Withdrawal of Not Guilty Plea and to Plead Anew as to (02) Shane Dieghan held on 3/7/2012. Defendant (02) Shane Dieghan present, in custody. Consent to Rule 11 Plea in a Felony Case Before United States Magistrate Judge signed and filed. Plea of GUILTY entered to Count 1 of the Indictment by Defendant (02) Shane Dieghan. Court to submit Report and Recommendation Concerning Guilty Plea recommending that Defendant (02) Shane Dieghan be adjudged guilty. Government agrees to dismiss Count 3 of the Indictment as to Defendant (02) Shane Dieghan after sentencing. Defendant (02) Shane Dieghan advised of right to file objections within 14 days to Report and Recommendation. Pre-Sentence Investigation Report ordered. Sentencing set for 6/25/2012 02:15 PM before CHIEF JUDGE SUSAN OKI MOLLWAY. (Change of Plea Hearing as to (02) Shane Dieghan held on 3/7/2012. Plea entered by Shane Dieghan (2) Guilty Count 1. Sentencing set for 6/25/2012 02:15 PM before CHIEF JUDGE SUSAN OKI MOLLWAY.) (FTR-Ctrm 7/3:01-3:21 PM.) (Judge BARRY M. KURREN)(emt, )No COS issued for this docket entry (Entered: 03/07/2012)
342012-03-08 REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY as to (02) Shane Dieghan - Signed by Judge BARRY M. KURREN on 3/8/12. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 03/08/2012)
352012-03-07 CONSENT TO RULE 11 PLEA IN A FELONY CASE BEFORE UNITED STATES MAGISTRATE JUDGE - by (02) Shane Dieghan -- The case number should reflect CR 11-01018 SOM-02. (emt, ) (Entered: 03/08/2012)
362012-03-07 MEMORANDUM OF PLEA AGREEMENT as to (02) Shane Dieghan. (emt, ) (Entered: 03/08/2012)
372012-03-09 EO: At the request of Thomas Otake and agreement by opposing counsel, Initial Appearance; A & P to the Indictment as to Defendant (01) Robert Hengel set for 3/12/2012 are continued to 4/11/2012 @ 2:00 PM before Judge Richard L. Puglisi. 21 Defendant (01) Robert Hengel's Motion for Discovery; 22 Defendant (01) Robert Hengel's Motion for Disclosure of Exculpatory Evidence; 24 Defendant (01) Robert Hengel's Motion for Leave to File Additional Motions; 25 Defendant (01) Robert Hengel's Motion for Pretrial Notice of Other Crimes, Wrongs, or Acts; and 26 Defendant (01) Robert Hengel's Motion for Specific "Giglio" Materials set for 3/27/2011 are continued to 4/11/2012 @ 2:00 PM before Judge Richard L. Puglisi. (Judge BARRY M. KURREN)(tyk)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 03/09/2012)
382012-03-27 EO: as to Defendant Shane Dieghan. Status Conference re: detention is set for 3/29/2012 at 02:00 PM in Courtroom 6 before JUDGE RICHARD L. PUGLISI. (JUDGE RICHARD L. PUGLISI)(mrf)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 03/27/2012)
392012-03-28 ACCEPTANCE OF PLEA OF GUILTY, ADJUDICATION OF GUILT AND NOTICE OF SENTENCING as to (02) Shane Dieghan - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY 3/28/12. (emt, ) (Entered: 03/28/2012)
402012-03-29 EP : Status Conference as to (02) Shane Dieghan held on 3/29/2012. Defendant (02) Shane Dieghan is present, in custody. Discussion held. Court adopts the recommendation from Pretrial Services. Defendant shall be released forthwith. Defendant shall confirm with Pretrial Services once the installation of landline telephone is completed. Bond set as to (02) Shane Dieghan (2) $25,000.00 UNSECURED. The defendant is placed in the Third Party Custodianship of: Shawn Faulstick. The Court authorizes the U.S. District Clerk's Office to forward the bail papers to the third party custodian by fax, mail, or other means of delivery where attestation may be administered by notary public. The defendant is released forthwith prior to the signature of the third party custodian(s). The third party custodian(s) must return the bail papers to the U.S. District Clerk's Office no later than: April 13, 2012. Defendant (02) Shane Dieghan is remanded to the custody of the United States Marshals Service upon processing of paperwork. (***Location start as to (02) Shane Dieghan) (FTR-Ctrm 6/2:10-2:12 PM.) (JUDGE RICHARD L. PUGLISI)(emt, )No COS issued for this docket entry (Entered: 03/29/2012)
412012-03-29 Abstract of Release as to (02) Shane Dieghan. (emt, ) (Entered: 03/30/2012)
452012-04-11 EO: as to Defendant (01) Robert Hengel. Motion for Withdrawal of Not Guilty Plea and to Plead Anew as to Defendant (01) Robert Hengel is set for 4/11/2012 at 02:00 PM in Courtroom 6 before JUDGE RICHARD L. PUGLISI. (JUDGE RICHARD L. PUGLISI)(mrf)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 04/11/2012)
462012-04-11 EP : Initial Appearance; A & P to the Indictment; Motion for Withdrawal of Not Guilty Plea and to Plead Anew as to Robert Hengel (1) Count 1,2,3,4 held on 4/11/2012. Defendant (01) ROBERT HENGEL is present, not in custody. Charges received. Defendant (01) ROBERT HENGEL waives public reading of the Indictment. Consent to Rule 11 Plea In a Felony Case Before United States Magistrate signatures verified and filed. MEMORANDUM OF PLEA AGREEMENT filed. Plea of Guilty as to Counts 2 and 3 Indictment entered by the Defendant. R&R signed, with 14 days to object. Pre-Sentence report ordered from USPO. No sentencing date set in the District of Hawaii. Rule 20 transfer to the Western District of Texas pending. Defendant (01) ROBERT HENGEL's orally withdraws Docs. 21, 22, 24, 25, and 26. Previously set conditions shall remain the same. (withdrawing 24 Motion for Leave to File Additional Motions as to Robert Hengel (1); withdrawing 25 Motion for Pretrial Notice of Other Crimes as to Robert Hengel (1); withdrawing 26 Motion for Specific "Giglio" Materials as to Robert Hengel (1); withdrawing 21 Motion for Discovery as to Robert Hengel (1); withdrawing 22 Motion for Disclosure of Exculpatory Evidence as to Robert Hengel (1); Arraignment as to Robert Hengel (1) Count 1,2,3,4 held on 4/11/2012; Change of Plea Hearing as to Robert Hengel held on 4/11/2012; Plea entered by Robert Hengel (1) Count 2,3; Robert Hengel (1) Guilty Count 2,3. ; Motions terminated as to Robert Hengel: 25 MOTION for Discovery Motion for Pretrial Notice of Other Crimes, Wrongs, or Acts and Incorporated Memorandum in Support filed by Robert Hengel, 22 MOTION for Disclosure Exculpatory Evidence filed by Robert Hengel, 26 MOTION for Disclosure Motion for Specific "Giglio" Materials filed by Robert Hengel, 21 MOTION for Discovery filed by Robert Hengel, 24 MOTION for Leave to File Additional Motions filed by Robert Hengel.) (FTR-Ctrm 6/2:25-2:56 PM.) (JUDGE RICHARD L. PUGLISI)(emt, )No COS issued for this docket entry (Entered: 04/11/2012)
472012-04-11 CONSENT TO RULE 11 PLEA IN A FELONY CASE BEFORE UNITED STATES MAGISTRATE JUDGE - by (01) Robert Hengel. (emt, ) (Entered: 04/12/2012)
482012-04-11 MEMORANDUM OF PLEA AGREEMENT as to (01) Robert Hengel. (emt, ) (Entered: 04/12/2012)
492012-04-11 REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY as to (01) Robert Hengel - Signed by JUDGE RICHARD L. PUGLISI on 4/11/12. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 04/12/2012)
512012-05-02 ACCEPTANCE OF PLEA OF GUILTY, ADJUDICATION OF GUILT AND NOTICE OF SENTENCING as to (01) Robert Hengel - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 5/2/12. (emt, ) (Entered: 05/02/2012)
522012-05-04 ORDER SETTING CONDITIONS OF RELEASE as to (02) Shane Dieghan - signed by JUDGE RICHARD L. PUGLISI on 5/4/12. (emt, ) (Entered: 05/04/2012)
532012-05-04 AGREEMENT TO FORFEIT PROPERTY (OTHER THAN REAL PROPERTY) TO OBTAIN A DEFENDANT'S RELEASE as to (02) Shane Dieghan approved by JUDGE RICHARD L. PUGLISI on 5/4/12. (emt, ) (Entered: 05/04/2012)
552012-05-08 STIPULATION TO MODIFY CONDITIONS OF PRETRIAL SUPERVISION; ORDER as to (02) Shane Dieghan re 52 - Signed by JUDGE RICHARD L. PUGLISI on 5/7/12. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 05/08/2012)
562012-05-15 STATEMENT of No Opposition by Shane Dieghan STATEMENT OF NO OBJECTIONS TO PRESENTENCE REPORT (Singh, Gurmail) (Entered: 05/15/2012)
572012-05-23 CONSENT TO TRANSFER CASE FOR SENTENCE (Rule 20) to Western District of Texas Counts closed as to Robert Hengel (1) Count 1,2,3,4. (emt, ) (Entered: 05/25/2012)
582012-05-29 Acknowledgment by the Western District of Texas (Austin) re 57 CONSENT TO TRANSFER CASE FOR SENTENCE (Rule 20) as to (01) Robert Hengel. (emt, ) Modified on 5/31/2012 -- Western District of Texas Case No. A12cr209(1)SS (emt, ). (Entered: 05/31/2012)