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United States v. Kahalehoe

United States District Court, D. Hawaii

October 11, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
CHARLES M.F. KAHALEHOE, Defendant.

          ORDER MODIFYING DEFENDANT'S SPECIAL CONDITIONS OF SUPERVISED RELEASE

          Helen Gillmor United States District Judge

         On July 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.

         The 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.

         The District Court hereby MODIFIES the Special Condition of Supervised Release.

         PROCEDURAL HISTORY

         On 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.)

         On November 1, 2013, Defendant commenced his first term of Supervised Release. (ECF No. 102).

         On 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).

         On 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.)

         On July 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).

         On 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).

         At the 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 (“CSAC”).

         The 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).

         Defendant appealed the special condition of supervised release imposed ...


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