Fourth Stipulation and Order to Continue Preliminary Hearing — U.S. v. Kao, No. 1:21-cr-00061 (D. Haw.), Dkt. 30

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A Fourth Stipulation and Order to Continue Preliminary Hearing and Exclusion of Time Under Speedy Trial Act in United States v. Martin Kao, Mag. No. 20-01208-WRP, Document 30 in Case 1:21-cr-00061-LEK, in the United States District Court for the District of Hawaii, filed March 2, 2021. The parties stipulate to continue the preliminary hearing from March 25, 2021 to May 12, 2021 at 2:00 p.m. before the Honorable Kenneth J. Mansfield, United States Magistrate Judge, to allow defense counsel time to meet with Defendant and review materials. They stipulate that the period from March 25, 2021 through May 12, 2021 is excludable under the Speedy Trial Act, citing 18 U.S.C. § 3161(h)(7)(A). The order section finds good cause and bears the signature /s/ Rom A. Trader, United States Magistrate Judge.

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Case 1:21-cr-00061-LEK    Document 30     Filed 03/02/21   Page 1 of 4 PageID.107




 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 2 of 4 PageID.108




 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 ofjustice 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 3 of 4 PageID.109




       The parties further stipulate that:

       The ends ofjustice 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



                                                      /s/ Craig S. Nolan
                                                  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 4 of 4 PageID.110




                                       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 ofjustice 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 _ 2_, 2021 at Honolulu, Hawaii.




                                   /s/ Rom A. Trader
                                   Rom A. Trader
                                   United States Magistrate Judge



 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"


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