Court filing
Third Stipulation and Order to Continue Preliminary Hearing — United States v. Kao, No. 1:21-cr-00061 (D. Haw.), Dkt. 29
Summary
The United States and defendant Martin Kao, through counsel Michael Jay Green, file a third stipulation to continue a preliminary hearing and exclude time under the Speedy Trial Act. The hearing, previously set for February 8, 2021, moves to March 25, 2021 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. Time is to be excluded from February 8, 2021 through March 25, 2021. The document is dated January 11, 2021, and the government block carries /s/ Craig S. Nolan.
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Cite this document
“Third Stipulation and Order to Continue Preliminary Hearing — United States v. Kao, No. 1:21-cr-00061 (D. Haw.), Dkt. 29.”
Original at ecf.hid.uscourts.gov, No. 1:21-cr-00061-LEK, Doc. 29. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/ppp-attempt-conspiracy-legal-filings/undated-gov-uscourts-hid-154417-29-0-gov-uscourts-hid-154417-29-0/
, SHA-256 c8d0320c4026d48a1e9be03ae848c71a24a4fcc4bc4988656687db5e0094a5ac.Full text
Case 1:21-cr-00061-LEK Document 29 Filed 01/11/21 Page 1 of 4 PageID.103
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 HAWAll
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 2 of 4 PageID.104
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 3 of 4 PageID.105
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.
Respectfully submitted,
KENJI M. PRICE
United States Attorney
District of Hawaii
/s/ Craig S. Nolan
By:--------
Craig S, Nolan
Assistant U.S. Attorne
en
Attorney for Defendant
MARTINKAO
3
Case 1:21-cr-00061-LEK Document 29 Filed 01/11/21 Page 4 of 4 PageID.106
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
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