FOURTH STIPULATION AND ORDER TO CONTINUE PRELIMINARY HEARING AND EXCLUSION OF TIME UNDER SPEEDY… — USA v. Kao (Dkt. 30)

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Fourth Stipulation and Order to Continue Preliminary Hearing and Exclusion of Time Under Speedy Trial Act, Document 30, filed 03/02/21, United States of America v. Martin Kao, MAG. NO. 20-01208-WRP, with footer Case 1:21-cr-00061-LEK. The United States, through the Acting United States Attorney, and the defendant, through counsel Michael Jay Green, stipulate that good cause exists to continue the preliminary hearing from March 25, 2021 to May 12, 2021 at 2:00 p.m. under Federal Rule of Criminal Procedure, to give defense counsel time to meet with the defendant and review materials. They also stipulate that the time from March 25, 2021 through May 12, 2021 is excluded under 18 U.S.C. 3161(h)(7)(A). The order section makes the same findings and leaves its date line as March __, 2021.

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JUDITH A. PHILIPS 
Acting United States Attorney 
District of Hawaii 
CRAIG S. NOLAN 
Assistant U.S. Attorney 
Room 6100 P JKK, Federal Building 
300 AlaMoanaBoulevard 
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, 
) 
FOURTH STIPULATION AND 
) 
ORDER TO CONTINUE 
vs. 
) 
PRELIMINARY HEARING AND 
) 
EXCLUSION OF TIME UNDER 
MARTIN KAO, 
) 
SPEEDY TRIAL ACT 
) 
Defendant. 
) 
FOURTH 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, Acting United States Attorney Judith A. Philips, and Defendant Martin 
Kao, through counsel, Michael Jay Green, Esq., that good cause exists to continue 
Case 1:21-cr-00061-LEK     Document 30     Filed 03/02/21     Page 1 of 4  PageID.107

thepreliminaryhearingpreviouslyset for March 25, 2021 to May 12, 2021 at 2:00 
p.m. before theHonorableKennethJ. Mansfield, United States Magistrate Judge, 
pursuant to Federal Rule of Criminal Procedure 5 .1 ( d). 
Good cause exists to contmue the preliminary hearing within the meaning of 
Rule 5 .1 ( d) to allow defense counsel tune 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 March 25, 2021 
through May 12, 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, t:hne 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 30     Filed 03/02/21     Page 2 of 4  PageID.108

/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 tria1 under 18 U.S. C. § 3161 (h )(7)(A). 
The parties agree and ask the Comito 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 oftimefrom March 25, 
2021 through May 12, 2021 constitutes a period of excludable delay in the 
computationofspeedytrial time, pursuantto 18 U.S.C. § 3161(h)(7)(A). 
DATED: 
March 2, 2021 at Honolulu, Hawaii. 
Respectfully submitted, 
JUDITHA. PHILIPS 
Acting United States Attorney 
District of Hawaii 
By: --------
Craig S. Nolan 
Assistant U.S. Attorney// 
// 
,, 
J¢(ie'liael J 
reen 
Li:ttorne for Defendant 
MARTIN KAO 
3 
Case 1:21-cr-00061-LEK     Document 30     Filed 03/02/21     Page 3 of 4  PageID.109

2
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 March 25, 2021 to May 12, 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 underthe Speedy 
Trial Act shall be excluded from March 25, 2021 through May 12, 2021, pursuant 
to 18 U.S.C. § 316l(h)(7)(A). 
IT IS SO ORDERED. 
DATED: 
March __ , 2021 at Honolulu, Hawaii. 
United States v. Martin Kao 
Mag. No. 20-01208-WRP 
"Fourth Stipulation and Order to Continue Preliminary Hearing 
and Exclusion of Time Under Speedy Trial Act" 
4 
 
 
 
 /s/ Rom A. Trader                             
Rom A. Trader 
United States Magistrate Judge 
Case 1:21-cr-00061-LEK     Document 30     Filed 03/02/21     Page 4 of 4  PageID.110

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