STIPULATION AND ORDER TO CONTINUE PRELIMINARY HEARING AND EXCLUSION OF TIME UNDER SPEEDY TRIAL… — USA v. Kao (Dkt. 15)

Summary

Stipulation and Order to Continue Preliminary Hearing and Exclusion of Time Under Speedy Trial Act, Document 15, filed 10/09/20 in United States of America v. Martin Kao, Mag. No. 20-01208-WRP (D. Haw.). The United States and Kao, through counsel Victor J. Bakke, stipulate that good cause exists to continue the preliminary hearing set for October 15, 2020 to December 14, 2020 at 9:30 a.m. before the Honorable Rom A. Trader, United States Magistrate Judge, to allow defense counsel time to meet with the defendant and review materials. They stipulate that time from October 15, 2020 through December 14, 2020 is excludable under 18 U.S.C. § 3161(h)(7)(A). The order, dated October 9, 2020, makes those findings, and the stipulation shows /s/ Victor J. Bakke and /s/ Craig S. Nolan.

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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 Boulevard 
Honolulu, Hawaii  96850 
Telephone:  (808) 541-2850 
Facsimile:  (808) 541-2958 
Email:  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, 
) 
MAG. NO. 20-01208-WRP 
) 
 
 
 
Plaintiff, 
 
) 
STIPULATION AND  
 
 
 
 
 
 
) 
ORDER TO CONTINUE  
 
vs. 
 
 
 
 
) 
PRELIMINARY HEARING AND  
) 
EXCLUSION OF TIME UNDER  
MARTIN KAO, 
) 
SPEEDY TRIAL ACT 
)  
 
 
 
Defendant.  
) 
_______________________________)  
 
 STIPULATION AND ORDER TO CONTINUE PRELIMINARY 
HEARING AND EXCLUSION OF TIME UNDER SPEEDY TRIAL ACT 
 
 
IT IS HEREBY STIPULATED by the United States of America, through its 
attorney, United States Attorney Kenji M. Price, and Defendant Martin Kao, 
through counsel, Victor J. Bakke, Esq., that good cause exists to continue the 
Case 1:21-cr-00061-LEK     Document 15     Filed 10/09/20     Page 1 of 4  PageID.68

 
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preliminary hearing previously set for October 15, 2020 to December 14, 2020 at 
9:30 a.m. before the Honorable Rom A. Trader, United States Magistrate Judge, 
pursuant to Federal Rule of Criminal Procedure 5.1(d). 
Good cause exists to continue the preliminary hearing within the meaning of 
Rule 5.1(d) to allow defense counsel time to meet with Defendant and review 
materials. As a result, a continuance of the preliminary hearing date will not 
prejudice him as it will allow his counsel the opportunity to understand the nature 
and scope of the evidence in this case in order to prepare an effective defense. 
Counsel further stipulate that an exclusion of time from October 15, 2020 
through December 14, 2020 is appropriate under the Speedy Trial Act because 
defense counsel needs additional time to understand the nature and scope of the 
evidence in this case in order to prepare an effective defense. As a result, counsel 
for both parties stipulate that the ends of justice are served by the Court excluding 
such time and outweigh Defendant’s interest in a speedy trial, as well as the 
public’s interest in a speedy trial, so that counsel for Defendant may have 
reasonable time necessary for effective preparation, taking into account the 
exercise of due diligence under 18 U.S.C. § 3161(h)(7)(B)(iv). Therefore, time 
should be excluded from computation under the Speedy Trial Act under 18 U.S.C. 
§ 3161(h)(7)(A). 
Case 1:21-cr-00061-LEK     Document 15     Filed 10/09/20     Page 2 of 4  PageID.69

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The parties further stipulate that: 
The ends of justice outweigh the best interests of the public and Defendant 
in a speedy trial under 18 U.S.C. § 3161(h)(7)(A). 
The parties agree and ask the Court to find that the ends of justice are best 
served by granting a continuance in this case in order to allow counsel to 
adequately prepare for the preliminary hearing. The period of time from October 
15, 2020 through December 14, 2020 constitutes a period of excludable delay in 
the computation of speedy trial time, pursuant to 18 U.S.C. § 3161(h)(7)(A). 
DATED: 
October 8, 2020 at Honolulu, Hawaii. 
Respectfully submitted, 
KENJI M. PRICE  
United States Attorney 
District of Hawaii 
By: __________________     
      Craig S, Nolan 
      Assistant U.S. Attorney 
__________________ 
Victor J. Bakke 
Attorney for Defendant  
MARTIN KAO 
/s/ Victor J. Bakke
/s/ Craig S. Nolan
Case 1:21-cr-00061-LEK     Document 15     Filed 10/09/20     Page 3 of 4  PageID.70

ORDER 
Based upon the representations by counsel and the stipulation of the parties, 
IT IS HEREBY ORDERED that: 
(1) 
The Court finds good cause to continue the Preliminary Hearing 
previously set for October 15, 2020 to December 14, 2020 at 9:30 a.m. before the 
Honorable Rom A. Trader, United States Magistrate Judge, pursuant to Federal 
Rule of Criminal Procedure 5 .1 ( d); and 
(2) 
Based upon the above representations and stipulation of the parties, 
the Court further finds that the ends of justice outweigh the best interest of the 
public and Defendant in a speedy trial. Accordingly, time under the Speedy 
Trial Act shall be excluded from October 15, 2020 through December 14, 2020, 
pursuant to 18 U.S.C. § 3161(h)(7)(A). 
IT IS SO ORDERED. 
DATED: 
October 9, 2020 at Honolulu, Hawaii. 
United States v. Martin Kao 
Mag. No. 20-01208-WRP 
"Stipulation and Order to Continue Preliminary Hearing 
and Exclusion of Time Under Speedy Trial Act" 
4 
Kenneth J. Mansfield 
United State.<i Magistrate Judge 
Case 1:21-cr-00061-LEK     Document 15     Filed 10/09/20     Page 4 of 4  PageID.71

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