THIRD STIPULATION AND ORDER TO CONTINUE PRELIMINARY HEARING AND EXCLUSION OF TIME UNDER SPEEDY… — USA v. Kao (Dkt. 29)

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Third Stipulation and Order to Continue Preliminary Hearing and Exclusion of Time Under Speedy Trial Act, Document 29, filed 01/11/21 in United States of America v. Martin Kao, Mag. No. 20-01208-WRP (D. Haw.). The United States and Kao, through counsel Michael Jay Green, stipulate that good cause exists to continue the preliminary hearing set for February 8, 2021 to March 25, 2021 at 9:30 a.m. before the Honorable Rom A. Trader, United States Magistrate Judge, so defense counsel can meet with the defendant and review materials. They stipulate that time from February 8, 2021 through March 25, 2021 is excludable under 18 U.S.C. § 3161(h)(7)(A). The order, dated January 11, 2021, makes those findings, and the stipulation shows /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 HAW All 
UNITED STATES OF AMERICA, 
) 
MAG. NO. 20-01208-WRP 
) 
Plaintiff, 
) 
THIRD STIPULATION AND 
) 
ORDER TO CONTINUE 
vs. 
) 
PRELIMINARY HEARING AND 
) 
EXCLUSION OF TIME UNDER 
MARTINKAO, 
) 
SPEEDY TRIAL ACT 
) 
Defendant. 
) 
THIRD 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 29     Filed 01/11/21     Page 1 of 4  PageID.103

preliminary hearing previously set for February 8, 2021 to March 25, 2021 at 9:30 
a.m. before the Honorable Rom A. Trader, United States Magistrate Judge, 
pursuant to Federal Rule of Criminal Procedure 5.l(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 February 8, 2021 
through March 25, 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). 
2 
Case 1:21-cr-00061-LEK     Document 29     Filed 01/11/21     Page 2 of 4  PageID.104

/s/ Craig S. Nolan
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 February 
8, 2021 through March 25, 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: 
January 11, 2021 at Honolulu, Hawaii. 
3 
Respectfully submitted, 
KENJI M. PRICE 
United States Attorney 
District of Hawaii 
By:--------
Craig S, Nolan 
Assistant U.S. Attorne 
en 
Attorney for Defendant 
MARTINKAO 
Case 1:21-cr-00061-LEK     Document 29     Filed 01/11/21     Page 3 of 4  PageID.105

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 February 8, 2021 to March 25, 2021 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 February 8, 2021 through March 25, 2021, 
pursuant to 18 U.S.C. § 3161(h)(7)(A). 
IT IS SO ORDERED. 
DATED: 
January 11, 2021 at Honolulu, Hawaii. 
United States v. Martin Kao 
Mag. No. 20-01208-WRP 
"Third Stipulation and Order to Continue Preliminary Hearing 
and Exclusion of Time Under Speedy Trial Act" 
4 
Case 1:21-cr-00061-LEK     Document 29     Filed 01/11/21     Page 4 of 4  PageID.106

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