Second Stipulation and Order to Continue Preliminary Hearing — U.S. v. Kao, No. 1:21-cr-00061 (D. Haw.), Dkt. 27

Summary

A Second Stipulation and Order to Continue Preliminary Hearing and Exclusion of Time Under Speedy Trial Act, filed November 17, 2020 as Document 27 in United States of America v. Martin Kao, No. 20-01208-WRP, in the U.S. District Court for the District of Hawaii. United States Attorney Kenji M. Price and Defendant Martin Kao, through counsel Michael Jay Green, stipulate to continue the preliminary hearing set for December 14, 2020 to February 8, 2021 before Magistrate Judge Kenneth J. Mansfield. They also stipulate to exclude time under the Speedy Trial Act for that period, so that defense counsel can understand the evidence and prepare. The order section finds good cause and orders that time be excluded.

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 Case 1:21-cr-00061-LEK    Document 27     Filed 11/17/20   Page 1 of 4 PageID.99



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 2 of 4 PageID.100



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).




                                          2
Case 1:21-cr-00061-LEK      Document 27         Filed 11/17/20   Page 3 of 4 PageID.101



      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: /s/ Craig  S. Nolan
                                                     __________________
                                                     Craig S, Nolan
                                                     Assistant U.S. Attorney



                                                   /s/ Michael Jay Green
                                                  __________________
                                                  Michael Jay Green
                                                  Attorney for Defendant
                                                  MARTIN KAO




                                            3
Case 1:21-cr-00061-LEK      Document 27         Filed 11/17/20   Page 4 of 4 PageID.102



                                       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:                  17 2020 at Honolulu, Hawaii.
                    November _____,




                             Wes Reber Porter
                             United States Magistrate Judge



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”


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