Court filing
MOTION to Detain by USA as to Martin Kao. (Nolan, Craig)… — PPP Attempt Conspiracy Legal Filings (Dkt. 6)
No. 1:21-cr-00061-LEK · Doc. 6 · Docket on CourtListener
Summary
The United States' motion to detain defendant without bail in United States of America v. Martin Kao, Cr. No. 20-01208-WRP, in the U.S. District Court for the District of Hawaii, dated and filed September 30, 2020 and docketed as Document 6 in No. 1:21-cr-00061-LEK. On the checklist form, the government marks eligibility for detention on the ground of a serious risk the defendant will flee (3142(f)(2)(A)). It marks as the reason for detention that no condition or combination of conditions will reasonably assure the defendant's appearance as required (3142(e)). The motion asks that the detention hearing be held after a continuance of 3 days and is signed by Assistant U.S. Attorney Craig S. Nolan.
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Full text
Case 1:21-cr-00061-LEK Document 6 Filed 09/30/20 Page 1 of 6 PageID.49
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 Blvd.
Honolulu, Hawaii 96850
Telephone: (808) 541-2850
Facsimile: (808) 541-2958
E-mail: 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, ) CR. NO. 20-01208-WRP
)
Plaintiff, ) MOTION TO DETAIN
) DEFENDANT WITHOUT BAIL;
vs. ) CERTIFICATE OF SERVICE
)
MARTIN KAO, )
)
Defendant. )
_________________________________)
MOTION TO DETAIN DEFENDANT WITHOUT BAIL
The United States hereby moves to detain defendant without bail, pursuant
to 18 U.S.C. ' 3142.
1. Eligibility of Case. This defendant is eligible for detention
because the case involves (check all that apply):
Case 1:21-cr-00061-LEK Document 6 Filed 09/30/20 Page 2 of 6 PageID.50
a. Offense committed on release pending
felony trial (3142(d)(1)(A)(i))*
b. Offense committed on release pending
imposition, execution, or appeal of sentence,
conviction or completion of sentence
(3142(d)(1)(A)(ii))*
c. Offense committed while on probation or
parole (3142(d)(1)(A)(iii))*
d. A citizen of a foreign country or unlawfully
admitted person (3142(d)(1)(B))*
e. Crime of violence (3142(f)(1)(A))
f. Maximum sentence life imprisonment or
death (3142(f)(1)(B))
g. 10+ year drug offense (3142(f)(1)(C))
h. Felony, with two prior convictions in above
categories (3142(f)(1)(D))
i. Felony not otherwise a crime of violence
involving a minor victim (3142(f)(1)(E))
j. Felony not otherwise a crime of violence
involving the possession or use of a firearm,
destructive device, or dangerous weapon
(3142(f)(1)(E))
k. Felony not otherwise a crime of violence
involving a failure to register under 18 U.S.C. '
2250 (3142(f)(1)(E))
2
Case 1:21-cr-00061-LEK Document 6 Filed 09/30/20 Page 3 of 6 PageID.51
X l. Serious risk defendant will flee
(3142(f)(2)(A))
m. Danger to other person or community **
n. Serious risk obstruction of justice
(3142(f)(2)(B))
o. Serious risk threat, injury, intimidation of
prospective witness or juror (3142(f)(2)(B))
* requires “l” or “m” additionally
** requires “a,” “b,” “c,” or “d” additionally
2. Reason for Detention. The court should detain
defendant (check all that apply):
X a. Because there is no condition or
combination of conditions of release which will
reasonably assure defendant=s appearance as
required (3142(e))
b. Because there is no condition or
combination of conditions of release which will
reasonably assure the safety of any other person
and the community (3142(e))
c. Pending notification of appropriate court or
official (not more than 10 working days (3142(d))
3. Rebuttable Presumption. A rebuttable presumption that no
condition or combination of conditions will reasonably assure the appearance of
3
Case 1:21-cr-00061-LEK Document 6 Filed 09/30/20 Page 4 of 6 PageID.52
defendant as required and the safety of the community arises under Section
3142(e) because (check all that apply):
a. Probable cause to believe defendant
committed 10+ year drug offense
b. Probable cause to believe defendant
committed an offense under 18 U.S.C. ' 924(c)
c. Probable cause to believe defendant
committed an offense under 18 U.S.C. ' 956(a) or
2332b
d. Probable cause to believe defendant
committed 10+ year offense listed in 18 U.S.C.
' 2332b(g)(5)(B)
e. Probable cause to believe defendant
committed an offense involving a minor victim
listed in 18 U.S.C. ' 3142(e)
f. Previous conviction for eligible offense
committed while on pretrial release
4. Time for Detention Hearing. The United States requests that
the court conduct the detention hearing:
a. At first appearance
X b. After continuance of 3 days (not more
than 3)
5. Out of District Rule 5 Cases. The United States
requests that the detention hearing be held:
4
Case 1:21-cr-00061-LEK Document 6 Filed 09/30/20 Page 5 of 6 PageID.53
a. In the District of Hawaii
b. In the District where charges were filed
6. Other Matters.
DATED: September 30, 2020, at Honolulu, Hawaii.
KENJI M. PRICE
United States Attorney
District of Hawaii
By /s/ Craig S. Nolan
CRAIG S. NOLAN
Assistant U.S. Attorney
5
Case 1:21-cr-00061-LEK Document 6 Filed 09/30/20 Page 6 of 6 PageID.54
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that, on the date and by the method of service noted
below, the true and correct copy of the foregoing was served on the following at his
last known address:
Served electronically through CM/ECF:
Victor Bakke, Esq.
Counsel for Defendant
MARTIN KAO
DATED: Honolulu, Hawaii, September 30, 2020.
/s/ Craig S. Nolan
Assistant U.S. Attorney
U.S. Attorney’s Office
District of Hawaii
6
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