Date: 08-20-2018

Case Style:

Case Number:

Judge: Derrick K. Watson

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

Plaintiff's Attorney: Marshall H. Silverberg

Defendant's Attorney: Maximilian J. Mizono - FPD

Description: Honolulu, HI - Ewa Beach Man Sentenced To 88 Months For Fireworks, Methamphetamine Charges

Malcolm Militante, 51, formerly a resident of Ewa Beach, Hawaii, was sentenced on August 16, 2018 to 88 months’ imprisonment for possession of explosives, namely display fireworks, and for possession with intent to distribute methamphetamine. As part of his sentence, Militante must pay $2,966.60 in restitution to Hawaii Explosives & Pyrotechnics (HEP), the company from which Militante stole the fireworks.

U.S. Attorney Kenji M. Price stated that, according to court documents and information presented in court, HEP produces commercial fireworks shows, including the Friday night fireworks show at the Hilton Hawaiian Village in Waikiki. On November 25, 2016, HEP reported that the company truck had been stolen, and HEP’s storage bunker, which had contained display and general use fireworks, fireworks supplies, and equipment, had been burglarized. The next day, the Honolulu Police Department received an anonymous tip that Militante possessed the stolen fireworks at a residence in Ewa beach that he shared with his mother. HPD officers searched the residence, found the stolen fireworks, and seized them. Militante was later indicted for stealing the fireworks from HEP and for being a convicted felon in possession of explosives, namely the fireworks. On November 9, 2017, Militante was arrested on those charges. At the time of the arrest, HPD recovered a backpack containing about 29 grams of methamphetamine, a digital scale, other drug paraphernalia, and $6,000 in cash. Militante was later indicted in a separate case for possessing the 29 grams of methamphetamine with the intent to distribute it.

On January 16, 2018, Militante pleaded guilty to possession of explosives, namely display fireworks, and possession with intent to distribute methamphetamine. The two cases were joined for purposes of sentencing. U.S. District Judge Derrick K. Watson, imposed a sentence of 88 months to be followed by a five-year term of supervised release. In imposing sentence, Judge Watson noted that possession of display fireworks is inherently dangerous. He further stated that, while Militante did not attempt to modify or destroy the fireworks, the possession of them in an unsecured place like his residence, which he shared with his mother, put them both at risk.

The case was jointly investigated by the Honolulu Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

Charge:

21:841A=CD.F CONTROLLED SUBSTANCE - SELL, DISTRIBUTE, OR DISPENSE, Possession with intent to distribute methamphetamine, a Schedule II controlled substance, 21:841(a)(1) and (b)(1)(B)(viii)
(1)

Outcome: 08/16/2018 24 EP: Sentencing in two separate Indictments as to Defendant (01) Malcolm Militante - Count 2 of the Indictment in CR 17-00619 DKW and Count 1 of the Indictment in CR 17-00728 DKW. Defendant (01) Malcolm Militante present, not in custody.

On 1/16/2018, Defendant (01) Malcolm Militante plead guilty to Count 2 of the Indictment in CR 17-00619 DKW and Count 1 of the Indictment in CR 17-00728 DKW with a Plea Agreement. Court accepts plea agreement [Memorandum of Plea Agreement: ECF 26 in 1:17-cr-00619-DKW; ECF 12 in 1:17-cr-00728-DKW.]

Parties have reviewed the revised Presentence Report and it is placed in the record. Court adopts the factual findings of the revised Presentence Report. Court has received and reviewed the letters of support submitted on behalf of the Defendant (01) Malcolm Militante.

The Court agrees and finds that Defendant (01) Malcolm Militante is entitled to all three downward adjustment levels for acceptance of responsibility under 3E1.1.

There are no objections to the sentencing guidelines. Court findings made as to the applicable sentencing guidelines. Court notes the aggravating and mitigating factors related to Defendant (01) Malcolm Militante's Sentencing. Allocution by Defendant (01) Malcolm Militante. Recommendations by Counsel as to proposed sentence heard. Court's proposed sentence stated. No legal objections to the proposed sentence. Court imposes sentence.

SENTENCE:
Imprisonment: 88 Months, as to each of Count 2 in CR 17-00619 DKW and Count 1 in CR 17-00728 DKW, terms to run concurrently.

Supervised Release: 3 Years, as to Count 2 in CR 17-00619 DKW and 5 Years, as to Count 1 in CR 17-00728 DKW, terms to run concurrently.

Fine: None.
Restitution: $2,966.60 as to Count 2 in CR 17-00619 DKW.
Special Assessment: $200.00 ($100.00 as to Count 2 in CR 17-00619 DKW and $100.00 as to Count 1 in CR 17-00728 DKW).

Defendant (01) Malcolm Militante advised of his right to appeal within 14 days of entry of judgment.

Judicial Recommendations:
1. Defendant to be placed at Sheridan FCI (1st choice) or Lompoc FCI (2nd choice);
2. Defendant to receive Vocational and Educational Training;
3. Defendant to be placed in RDAP - 500 Hour Residential Drug Abuse Program;
4. Defendant to receive Mental Health Assessment and treatment; and
5. Defendant to participate in Cognitive Behavioral Program.

COUNT 1: Government's oral motion to dismiss Count 1 of the Indictment in CR 17-00619 DKW as to Defendant Malcolm Militante is GRANTED.

MITTIMUS FORTHWITH. Defendant (01) Malcolm Militante to self-surrender to the USMS forthwith.

(Court Reporter Gloria Bediamol.) (JUDGE DERRICK K. WATSON) (afc)
(Entered: 08/16/2018)

Plaintiff's Experts:

Defendant's Experts:

Comments: