SECOND STIPULATION AND ORDER TO CONTINUE PRELIMINARY HEARING AND EXCLUSION OF TIME UNDER SPEEDY… — USA v. Kao (Dkt. 27)

Summary

Second Stipulation and Order to Continue Preliminary Hearing and Exclusion of Time Under Speedy Trial Act, Document 27, filed 11/17/20, United States of America v. Martin Kao, MAG. NO. 20-01208-WRP, with footer Case 1:21-cr-00061-LEK. The United States and the defendant, through counsel Michael Jay Green, stipulate that good cause exists to move the preliminary hearing from December 14, 2020 to February 8, 2021 at 2:00 p.m. under Federal Rule of Criminal Procedure 5.1(d), so defense counsel can meet with the defendant and review materials. They also stipulate that time from December 14, 2020 through February 8, 2021 is excluded under 18 U.S.C. 3161(h)(7)(A). The order section finds good cause, continues the hearing and excludes that time; its date line is left blank. Prosecutor contact details are left out.

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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, 
 
) 
SECOND STIPULATION AND  
 
 
 
 
 
 
) 
ORDER TO CONTINUE  
 
vs. 
 
 
 
 
) 
PRELIMINARY HEARING AND  
) 
EXCLUSION OF TIME UNDER  
MARTIN KAO, 
) 
SPEEDY TRIAL ACT 
)  
 
 
 
Defendant.  
) 
_______________________________)  
 
 SECOND 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, Michael Jay Green, Esq., that good cause exists to continue the 
Case 1:21-cr-00061-LEK     Document 27     Filed 11/17/20     Page 1 of 4  PageID.99

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preliminary hearing previously set for December 14, 2020 to February 8, 2021 at 
2:00 p.m. before the Honorable Kenneth J. Mansfield, 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 December 14, 2020 
through February 8, 2021 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 27     Filed 11/17/20     Page 2 of 4  PageID.100

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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 December 
14, 2020 through February 8, 2021 constitutes a period of excludable delay in the 
computation of speedy trial time, pursuant to 18 U.S.C. § 3161(h)(7)(A). 
DATED: 
November 17, 2020 at Honolulu, Hawaii. 
Respectfully submitted, 
KENJI M. PRICE  
United States Attorney 
District of Hawaii 
By: __________________            
   Craig S, Nolan 
   Assistant U.S. Attorney 
__________________ 
Michael Jay Green 
Attorney for Defendant 
MARTIN KAO 
/s/ Craig S. Nolan
/s/ Michael Jay Green
Case 1:21-cr-00061-LEK     Document 27     Filed 11/17/20     Page 3 of 4  PageID.101

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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 December 14, 2020 to February 8, 2021 at 2:00 p.m. before the 
Honorable Kenneth J. Mansfield, 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 December 14, 2020 through February 8, 2021, 
pursuant to 18 U.S.C. § 3161(h)(7)(A). 
IT IS SO ORDERED. 
DATED: 
November _____, 2020 at Honolulu, Hawaii. 
United States v. Martin Kao 
Mag. No. 20-01208-WRP 
“Second Stipulation and Order to Continue Preliminary Hearing 
and Exclusion of Time Under Speedy Trial Act” 
17
 
 
 
 
Wes Reber Porter 
United States Magistrate Judge 
 
Case 1:21-cr-00061-LEK     Document 27     Filed 11/17/20     Page 4 of 4  PageID.102

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