The Law Center moved to unseal the Government’s motion for downward departure in sentencing for former legislator Ty Cullen who pleaded guilty to honest services wire fraud for accepting bribes in United States v. Ty J.K. Cullen, 22-CR-13 SOM.  The Court granted the Government’s sealed motion before sentencing Defendant Cullen to 24 months imprisonment, as compared to the similar case of former legislator Jamie Kalani English who was sentenced to 40 months imprisonment.  The sealed document should state the factual and legal basis for the Government’s position as to a proper sentence for Defendant Cullen and that justified the discrepancy in sentencing.  The motion was assigned to the Honorable Susan Oki Mollway.  No. 23-MC-235; No. 23-CV-175.  On May 17, 2022, Judge Mollway granted in part the Law Center’s motion and ordered the Government to file a partially redacted version of the motion for downward departure.

The Government also agreed to respond to inquiries from the Law Center regarding the ongoing need to keep the motion for downward departure under seal.

Pursuant to Criminal Local Rule 5.2, the Government filed the motion for downward departure under seal without obtaining permission of the court beforehand.  The Law Center has separately challenged the constitutionality of that local rule.

• Motion to Unseal Motion for Downward Departure (4/7/23)
  • Government Response to Motion (5/1/23)
  • Order regarding Government’s Response (5/2/23)
  • Government Supplemental Response to Motion (5/3/23)
  • Reply Memorandum in Support of Motion (5/4/23)
  • Minutes (5/9/23)
  • Supplemental Memorandum in Support of Motion (5/12/23)
  • Order Granting in Part and Denying in Part (5/17/23)
• Government Motion for Stay of Proceedings (4/11/23)
  • CBLC Opposition to Motion for Stay (4/11/23)
  • Government Reply in Support of Stay (4/13/23)
  • Minutes (denying motion for stay) (4/14/23)

Redacted Motion (5/18/23)