Date: 11-04-2020

Case Style:

Case Number: 1:19-cr-00101-LEK

Judge: Leslie E. Kobayashi

Court: United States District Court for the District of Hawaii (Honolulu County)

Plaintiff's Attorney: United States District Attorney’s Office, Honolulu, Hawaii

Defendant's Attorney:

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Description: Honolulu, Hawaii criminal defense lawyer represented defendant charged with one count of possession of ammunition after having been previously convicted of misdemeanor domestic violence, in violation of 18 U.S.C. § 922(g)(9).

On September 1, 2018, Cordeiro fired approximately nine bullets into a stopped car, in which two females, including his girlfriend, were seated. One bullet pierced the windshield of the car, causing his girlfriend to believe she had been struck by a bullet. Cordeiro had multiple prior convictions for domestic violence and abuse of family members under Hawaii law. Accordingly, federal law prohibited Cordeiro from possessing firearms or ammunition.

s presented in court, Cordeiro’s prior convictions under state law included an incident wherein he physically assaulted and threw gasoline on a prior intimate partner; an incident in which he burned a female victim with the hot metal tip of a butane torch; and two separate incidents wherein he violently struck women while they held his infant child. All of these incidents involved different female victims.

In light of his criminal history and characteristics, Judge Kobayashi imposed an upward variance at sentencing, meaning a sentence higher than Cordeiro’s calculated guidelines range under the United States Sentencing Guidelines. “In cases like this one, a firearm or ammunition in the hands of someone convicted of misdemeanor domestic violence is a federal crime and recipe for disaster. We will vigorously investigate and prosecute those who choose to endanger our communities by unlawfully possessing guns or ammunition,” stated U.S. Attorney Price.

The case was investigated by the Hawaii County Police Department and the Federal Bureau of Alcohol, Tobacco, and Firearms. It was prosecuted by Assistant U.S. Attorney Morgan Early.

This case was brought as part of Project Safe Neighborhood, a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement

18:922G.F UNLAWFUL TRANSPORT OF FIREARMS, ETC., Felon in Possession of Ammunition, 18:922(g)(1) and 924(a)(2)
(1)
18:922G.F UNLAWFUL TRANSPORT OF FIREARMS, ETC., Prohibited Possession of Ammunition, 18:922(g)(9) and 924(a)(2)
(2)

Outcome: Sentencing to Count 2 of the Indictment as to defendant David Benjamin Cordeiro, held. Defendant David Benjamin Cordeiro, present in custody via video conference.

The defendant was asked by the court about consenting to proceed by video conference, and he consented. The court made the finding pursuant to Section 15002(b)(2) of the Coronavirus Aid Relief and Economic Security Act, also known as the CARES Act that felony sentencing under Rule 32 cannot be conducted in person without seriously jeopardizing public health and safety. The Court further finds the following specific reasons exist that this sentencing for the defendant, David Benjamin Cordeiro, cannot be further delayed without serious harm to the interest of justice; thus the sentencing hearing must be conducted by video teleconference. (Refer to attached minutes for further details.)

Defendant plead guilty to Count 2 of the Indictment on 12/19/2019 and was adjudged guilty.

Parties have reviewed the Presentence Report and it is placed in the record under seal.

Court findings made as to the applicable sentencing guidelines. Court adopts the factual findings of the PSR.

Court notes the aggravating and mitigating factors related to Defendant's Sentencing.

Recommendations by counsel as to proposed sentence heard.

Allocution by Defendant.

Court's proposed sentence stated. No legal objections to the proposed sentence. Court imposes sentence:

SENTENCE:
IMPRISONMENT: FORTY EIGHT (48) MONTHS
SUPERVISED RELEASE: THREE (3) YEARS
SPECIAL ASSESSMENT: $100.00

Conditions of Supervised Release (See attached minutes)

Defendant advised of his right to appeal within 14 days of entry of judgment.

Mittimus forthwith.

Defense counsel requests additional time to provide suggested recommendations for prison placement - GRANTED. Defense counsel to submit recommendation to courtroom manager to be reviewed by the court.

Defendant remains in custody and is remanded to the custody of the Bureau of Prisons.

(Reporter-Debra Read)
(JUDGE LESLIE E. KOBAYASHI)
(jo) (Entered: 11/03/2020)

Plaintiff's Experts:

Defendant's Experts:

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