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United States v. Faagai-Del Mundo

United States District Court, D. Hawaii

December 23, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
JACOB FAAGAI-DEL MUNDO (06), Defendant

For John Penitani, Defendant: Myles S. Breiner, LEAD ATTORNEY, Honolulu, HI.

For Siaosi Mafileo, Defendant: William M. Domingo, LEAD ATTORNEY, Honolulu, HI.

For Salvador Maciel, Defendant: Megan K. Kau, LEAD ATTORNEY, Honolulu, HI.

For Michael Coleman, Defendant: Rustam Barbee, LEAD ATTORNEY, Law Office of Rustam A. Barbee, Honolulu, HI.

For Jacob Faagai-Del Mundo, also known as Jake, Defendant: Thomas M. Otake, LEAD ATTORNEY, Thomas M. Otake AAL, ALC, Honolulu, HI.

For Michael Ngyuen, Defendant: Michael Jay Green, LEAD ATTORNEY, Honolulu, Hi.

For Julius Mitchell, Defendant: Andrew T. Park, LEAD ATTORNEY, Urbanc Willard Park & Kim, Honolulu, HI.

For Keschan Taylor, Defendant: Harlan Y. Kimura, LEAD ATTORNEY, Central Pacific Plaza, Honolulu, HI.

For Robert Akolo, Defendant: Richard D. Gronna, LEAD ATTORNEY, Attorney at Law, Honolulu, HI.

For Donald Seals, Defendant: Joseph R. Mottl, III, LEAD ATTORNEY, Honolulu, HI.

For USA, Plaintiff: Chris A. Thomas, LEAD ATTORNEY, Office of the United States Attorney, Special Assistant U.S. Attorney, Honolulu, HI.

ORDER DENYING DEFENDANT JACOB FAAGAI-DEL MUNDO'S MOTION TO SUPPRESS

Susan Oki Mollway, Chief United States District Judge.

I. INTRODUCTION .

Defendant Jacob Faagai-Del Mundo moves to suppress contraband seized when his vehicle was searched on November 5, 2012, as well as statements he made on November 8, 2012, and June 25, 2013. Because there was probable cause for law enforcement agents to believe that there was contraband in Faagai-Del Mundo's vehicle, his motion to suppress is denied.

II. FINDINGS OF FACT.

This court sets forth its factual findings based on the evidence presented. Whenever the court includes in its factual findings a matter that should properly be included in the court's conclusions of law, or vice versa, the matter should be recharacterized so that it falls within the proper category.

1. This court held a hearing on Faagai-Del Mundo's motion to suppress on November 21, 2014, at which Drug Enforcement Administration (" DEA") Special Agents Clement Sze and Lauren Carney testified. The court found both witnesses credible. The parties stipulated to the admission of Government Exhibits 1 to 14 for purposes of the hearing, and also agreed that, had he testified live, Sergeant Leslie ...


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