MOTION to Detain by USA as to Martin Kao. (Nolan, Craig) [1:20-mj-01208-WRP] — USA v. Kao (Dkt. 6)

Summary

Motion to Detain Defendant Without Bail with certificate of service, Document 6, filed 09/30/20, United States of America v. Martin Kao, Case 1:21-cr-00061-LEK (printed CR. NO. 20-01208-WRP), District of Hawaii. The United States moves under 18 U.S.C. 3142 to detain the defendant without bail. On the checklist form, the marked eligibility ground is a serious risk that the defendant will flee, and the marked reason for detention is that no condition or combination of conditions will reasonably assure appearance as required. The government asks for the detention hearing after a continuance of 3 days. The motion is signed /s/ by an Assistant U.S. Attorney and dated September 30, 2020, at Honolulu, and the certificate of service lists Victor Bakke, Esq. as counsel for Martin Kao.

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KENJI M. PRICE #10523 
United States Attorney 
District of Hawaii 
 
CRAIG S. NOLAN 
Assistant U.S. Attorney 
Room 6100, PJKK Federal Building 
300 Ala Moana Blvd. 
Honolulu, Hawaii  96850 
Telephone:  (808) 541-2850 
Facsimile:  (808) 541-2958 
E-mail: Craig.Nolan@usdoj.gov 
 
Attorneys for Plaintiff 
UNITED STATES OF AMERICA 
 
 
IN THE UNITED STATES DISTRICT COURT 
 
 
FOR THE DISTRICT OF HAWAII 
 
UNITED STATES OF AMERICA, 
) 
CR. NO. 20-01208-WRP      
 
) 
Plaintiff, 
) 
MOTION TO DETAIN 
 
) 
DEFENDANT WITHOUT BAIL; 
vs. 
) 
CERTIFICATE OF SERVICE 
 
) 
MARTIN KAO, 
) 
 
) 
               Defendant. 
) 
_________________________________) 
 
MOTION TO DETAIN DEFENDANT WITHOUT BAIL 
 
The United States hereby moves to detain defendant without bail, pursuant 
to 18 U.S.C. ' 3142. 
1. 
Eligibility of Case.  This defendant is eligible for detention 
because the case involves (check all that apply): 
Case 1:21-cr-00061-LEK     Document 6     Filed 09/30/20     Page 1 of 6  PageID.49

 
 
2 
    
a. 
Offense committed on release pending 
felony trial (3142(d)(1)(A)(i))* 
 
     
b. 
Offense committed on release pending 
imposition, execution, or appeal of sentence, 
conviction or completion of sentence 
(3142(d)(1)(A)(ii))* 
 
     
c. 
Offense committed while on probation or 
parole (3142(d)(1)(A)(iii))* 
 
     
d. 
A citizen of a foreign country or unlawfully 
admitted person (3142(d)(1)(B))* 
 
      
e. 
Crime of violence (3142(f)(1)(A)) 
 
     
f. 
Maximum sentence life imprisonment or 
death (3142(f)(1)(B)) 
 
     
g. 
10+ year drug offense (3142(f)(1)(C)) 
 
     
h. 
Felony, with two prior convictions in above 
categories (3142(f)(1)(D)) 
 
     
i. 
Felony not otherwise a crime of violence 
involving a minor victim (3142(f)(1)(E)) 
 
     
j. 
Felony not otherwise a crime of violence 
involving the possession or use of a firearm, 
destructive device, or dangerous weapon 
(3142(f)(1)(E)) 
 
     
k. 
Felony not otherwise a crime of violence 
involving a failure to register under 18 U.S.C. ' 
2250 (3142(f)(1)(E)) 
 
Case 1:21-cr-00061-LEK     Document 6     Filed 09/30/20     Page 2 of 6  PageID.50

 
 
3 
  X   
l. 
Serious risk defendant will flee 
(3142(f)(2)(A)) 
 
     
m. 
Danger to other person or community ** 
 
     
n. 
Serious risk obstruction of justice 
(3142(f)(2)(B)) 
 
     
o. 
Serious risk threat, injury, intimidation of 
prospective witness or juror (3142(f)(2)(B)) 
 
*  requires “l” or “m” additionally 
 
** requires “a,” “b,” “c,” or “d” additionally 
 
2. 
Reason for Detention.  The court should detain 
defendant (check all that apply): 
  X   
a. 
Because there is no condition or 
combination of conditions of release which will 
reasonably assure defendant=s appearance as 
required (3142(e)) 
 
      
b. 
Because there is no condition or 
combination of conditions of release which will 
reasonably assure the safety of any other person 
and the community (3142(e)) 
 
     
c. 
Pending notification of appropriate court or 
official (not more than 10 working days (3142(d)) 
 
3.  Rebuttable Presumption.  A rebuttable presumption that no 
condition or combination of conditions will reasonably assure the appearance of 
Case 1:21-cr-00061-LEK     Document 6     Filed 09/30/20     Page 3 of 6  PageID.51

 
 
4 
defendant as required and the safety of the community arises under Section 
3142(e) because (check all that apply): 
     
a. 
Probable cause to believe defendant 
committed 10+ year drug offense 
 
     
b. 
Probable cause to believe defendant 
committed an offense under 18 U.S.C. ' 924(c) 
 
     
c. 
Probable cause to believe defendant 
committed an offense under 18 U.S.C. ' 956(a) or 
2332b 
 
     
d. 
Probable cause to believe defendant 
committed 10+ year offense listed in 18 U.S.C. 
' 2332b(g)(5)(B) 
 
     
e. 
Probable cause to believe defendant 
committed an offense involving a minor victim 
listed in 18 U.S.C. ' 3142(e) 
 
     
f. 
Previous conviction for eligible offense 
committed while on pretrial release 
 
4. 
Time for Detention Hearing.  The United States requests that 
the court conduct the detention hearing: 
      
a. 
At first appearance 
  X  
b. 
After continuance of  3   days (not more 
than 3) 
 
5. 
Out of District Rule 5 Cases.  The United States  
 
requests that the detention hearing be held: 
Case 1:21-cr-00061-LEK     Document 6     Filed 09/30/20     Page 4 of 6  PageID.52

 
 
5 
 
      
a. 
In the District of Hawaii 
 
     
b. 
In the District where charges were filed 
 
6. 
Other Matters.   
 DATED:  September 30, 2020, at Honolulu, Hawaii. 
 
KENJI M. PRICE 
United States Attorney 
District of Hawaii 
 
 
 
By /s/ Craig S. Nolan                            
   CRAIG S. NOLAN 
   Assistant U.S. Attorney 
 
 
Case 1:21-cr-00061-LEK     Document 6     Filed 09/30/20     Page 5 of 6  PageID.53

 
 
6 
CERTIFICATE OF SERVICE 
 
I HEREBY CERTIFY that, on the date and by the method of service noted 
below, the true and correct copy of the foregoing was served on the following at his 
last known address: 
Served electronically through CM/ECF: 
 
Victor Bakke, Esq. 
Counsel for Defendant 
MARTIN KAO 
 
DATED:  Honolulu, Hawaii, September 30, 2020. 
 
/s/ Craig S. Nolan  
 
 
Assistant U.S. Attorney 
U.S. Attorney’s Office 
District of Hawaii 
Case 1:21-cr-00061-LEK     Document 6     Filed 09/30/20     Page 6 of 6  PageID.54

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