United States District Court, D. Hawaii
ORDER MODIFYING DEFENDANT'S SPECIAL CONDITIONS OF
Gillmor United States District Judge
5, 2017, the Ninth Circuit Court of Appeals issued a
Memorandum Opinion remanding proceedings to the District
Court in order to clarify an imposed Special Condition of
Supervised Release as to Defendant Kahalehoe.
District Court imposed a Special Condition of Supervised
Release stating, “If you are able to comply with your
conditions of supervised release, the Court would have no
objection to you attending school in the fall of 2017.”
The condition of supervised release was imposed as Special
Condition Number 7 on August 9, 2016, and reimposed as
Special Condition Number 8 on February 9, 2017.
District Court hereby MODIFIES the Special
Condition of Supervised Release.
February 18, 2011, Defendant was convicted of conspiracy to
distribute and possess with intent to distribute 50 grams or
more of methamphetamine in violation of 21 U.S.C.
§§ 841(a)(1), 846. (ECF No. 93). Defendant was
sentenced to a term of imprisonment of 50 months followed by
5 years of supervised release. (Id.)
November 1, 2013, Defendant commenced his first term of
Supervised Release. (ECF No. 102).
October 6, 2014, the Probation Office filed a Request for
Course of Action alleging five violations. The allegations
were that Defendant failed to comply with drug testing on two
occasions, that he tested positive for use of Amphetamines on
two occasions, and that he failed to report to substance
abuse counseling. (ECF No. 102 at p. 2).
October 22, 2014, the District Court held a hearing on an
Order to Show Cause Why Supervised Release Should Not Be
Revoked. (ECF No. 109). At the hearing, Defendant admitted to
the five violations of his Supervised Release. (Id.)
The sentencing for the violations was held in abeyance. The
District Court modified Defendant's supervised release
conditions requiring Defendant to serve six months community
confinement in a residential reentry center. (Id.)
29, 2016, the Probation Office filed an Amended Request for
Course of Action. (ECF No. 116). The Amended Request alleged
four additional violations, including that Defendant tested
positive for the use of Methamphetamine on three more
occasions and that he failed to comply with drug testing on
two more occasions. (ECF No. 116 at p. 2).
August 9, 2016, the Court held a second hearing on an Order
to Show Cause Why Supervised Release Should Not Be Revoked.
(ECF No. 122).
hearing, the Defendant admitted to the four additional
violations of Supervised Release. Defendant admitted that on
December 1, 2014 and January 15, 2015, he failed to comply
with drug testing. Defendant admitted that he tested positive
for using Methamphetamine on January 5, 2016, July 7, 2016,
and July 13, 2016. Despite Defendant's consistent
relapses and drug use, Defendant indicated at the August 9,
2016 hearing that he wanted to enroll in school in the fall
of 2016 to become a Certified Substance Abuse Counselor
District Court found that Defendant violated the terms of his
supervised release, revoked Defendant's supervised
release, imposed a term of imprisonment, and imposed
conditions of supervised release. One of the special
conditions stated, as follows: “If the defendant is
able to be compliant with the conditions of supervised
release, the Court would have no objection to the defendant
resuming school in the fall of 2017.” (August 9, 2016
Judgment at p. 5, ECF No. 124).
appealed the special condition of supervised release imposed