Court filing
Stipulation and Order to Continue Preliminary Hearing — United States v. Kao, No. 1:21-cr-00061 (D. Haw.), Dkt. 15
Summary
The United States and defendant Martin Kao, through counsel, stipulate to continue a preliminary hearing and to exclude time under the Speedy Trial Act. The hearing, previously set for October 15, 2020, moves to December 14, 2020 at 9:30 a.m. before the Honorable Rom A. Trader, United States Magistrate Judge. The stated good cause is to allow defense counsel time to meet with the defendant and review materials. The order portion finds good cause and excludes time from October 15, 2020 through December 14, 2020. The stipulation is dated October 8, 2020, and the order is dated October 9, 2020.
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Cite this document
“Stipulation and Order to Continue Preliminary Hearing — United States v. Kao, No. 1:21-cr-00061 (D. Haw.), Dkt. 15.”
Original at ecf.hid.uscourts.gov, No. 1:21-cr-00061-LEK, Doc. 15. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/ppp-attempt-conspiracy-legal-filings/undated-gov-uscourts-hid-154417-15-0-gov-uscourts-hid-154417-15-0/
, SHA-256 af27225843d79cbe27404b0f74182e0d7933bea10a5e81c8032978d7445bf85a.Full text
Case 1:21-cr-00061-LEK Document 15 Filed 10/09/20 Page 1 of 4 PageID.68
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 2 of 4 PageID.69
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).
2
Case 1:21-cr-00061-LEK Document 15 Filed 10/09/20 Page 3 of 4 PageID.70
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: /s/ Craig S.
__________________
Nolan
Craig S, Nolan
Assistant U.S. Attorney
/s/ Victor J. Bakke
__________________
Victor J. Bakke
Attorney for Defendant
MARTIN KAO
3
Case 1:21-cr-00061-LEK Document 15 Filed 10/09/20 Page 4 of 4 PageID.71
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.
Kenneth J. Mansfield
United State.<i Magistrate Judge
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
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