Re: United States v. Sellers, 2018 WL 4956959 (9th Cir. Oct. 15, 2018): Selective Enforcement / Discovery Players: Decision and concurrence by Judge Nguyen. DJ Simon, concurring Dissent by Judge Graber. Tremendous victory for former AFPD Carl Gunn. Facts: Sellers, who is black, was arrested in an ATF stash house sting and indicted. Id. at *1-*2. He sought discovery based …
Woman Receives 4 Years Probation In Welfare Fraud Case
A mother of two, who had set aside money to repay $7,450 in welfare benefits she illegally received, has been placed on four years’ probation in welfare fraud case. From August 2014 to May 2015, Cary Virtue Client, 44, collected food stamp benefits while not reporting her work income. Her lawyer, Maui attorney Cary Virtue, commented, “At the time that …
Kihei Woman Avoids Jail Time For Embezzling From Nonprofit
A Kihei woman who embezzled over $24,000 from the nonprofit Hawaii Society of Professional Engineers avoided jail time. Client, 50, was volunteer treasurer for Hawaii Society of Professional Engineers, an organization that helps students become interested in math, science, and engineering, when she embezzled a total of $24,440 from October 19, 2012, to March 5, 2014. Embezzlement is a unique …
Kahului Man Gets Year In Prison For Sexual Contact With Young Girl
Maui attorney Cary Virtue’s Client, 36, was sentenced to one year of prison for sexual contact with a pre-teen girl who was living under the same roof with him and her mother and others. He was also placed on five years of probation and ordered to participate in sex offender treatment. It all came to light last year when Wailuku …
Fine Suspended By Judge Against Makawao Parade Organizer
A $100 fine was suspended by Judge Kelsey Kawano against Makawao parade organizer for a complaint filed against her by the Maui County. Maui attorney Cary Virtue defended Client who was summoned to court by the Maui County for staging horses in the Veteran’s Cemetery parking lot, as she has done for the past 22 years without hassle, for the …
10-Year Prison Term For Career Criminal
Attorney Cary Virtue Client, 32, of Kihei, Maui, has been in the criminal justice system since about 14 years of age, with a criminal history that includes 42 arrests and 16 convictions. Client has now been sentenced to ten years of prison for his two latest incidents of November 2014, plus a resentencing for a 2009 case. In the November …
Lahaina Man Ordered To Pay Restitution For Crash Injuries
On August 15, 2013, at 1:45am, Aisha Malik was crossing Honoapiilani Highway, near Hoohui Road in Napili, when Attorney Cary Virtue’s Client collided into her with his motorcycle. Client, who was not wearing a helmet, had head injuries and required numerous implants throughout his body, while Malik suffered a punctured lung, lacerated liver and multiple broken bones including her legs, …
Man Charged With Manslaughter in Death of Haiku Man
A single blow left one man dead and another charged with manslaughter. On Thursday, July 23, 2015, 26-year old Client of Maui attorney Cary Virtue, who has no local address, punched Fabian Martinez of Haiku once in the face, which resulted in Martinez falling and hitting his head on the asphalt roadway between two parked cars in Paia. Martinez, 45, …
One Year Term For Sexual Assault Against 12 Yr. Old
Wailuku man and Client of Maui defense attorney Cary Virtue, 57, pleaded guilty to third-degree sexual assault of a 12-year old girl and two other third-degree sexual assault charges were dropped as part of a plea agreement which saved the victim from having to testify. Client was sentenced to one year in jail, sex offender treatment, and five years of …
Maui Accountant Sentenced in Theft and Forgery
Maui accountant acted as treasurer for a Hawaii State Parent Student Teacher Association (PTSA) from 2004 to 2006. In October 2008, the PTSA realized funds were unaccounted for and an attorney general investigation found that Nathan stole nearly $34,000 from the nonprofit by writing himself checks and forging the signature. Client pleaded no contest to charges of first-degree theft and …
60 Year Term Given For 36-Hour Crime Spree By Maui Teen
In December of 2012, 17-year old Client of Maui defense attorney Cary Virtue went on a wild three-day crime spree which included a series of robberies, brutal assaults, and a kidnapping, three days after being released from a juvenile detention facility. Client was charged with two counts of 1st degree robbery, two counts of 1st degree assault, one count of …
20 Year Sentence For Maui Long’s Store Manslaughter
A Kihei man was sentenced to 20 years in prison for manslaughter in the death of a store manager that he hit in his haste to drive away with stolen beer. At around 5:30 a.m. on December 23, 2012, Attorney Cary Virtue Client entered a Kihei Longs Drug Store and picked up a 30-pack of beer. Schmidt, who was 29 …