Report and Recommendation — United States v. Martin Kao, No. 1:21-CR-00061-LEK-1, U.S. District Court, District of Hawaii

Summary

A report and recommendation concerning plea of guilty in United States of America v. Martin Kao, 1:21-CR-00061-LEK-1, in the United States District Court for the District of Hawaii, dated September 7, 2022 and filed 09/08/22 as Document 77. It states that the defendant, by consent, appeared under Rule 11 and entered a plea of guilty to Counts 1, 2, 3, 4, 5, 6, 7 and 8 of the Indictment. After examining the defendant under oath, the report finds the defendant competent, the plea knowing and voluntary, and the offenses supported by an independent basis in fact. It recommends that the plea be accepted and that the defendant be adjudged guilty and have sentence imposed accordingly. A notice states that failure to file written objections within fourteen (14) days from service bars attacking the report before the assigned district judge, under 28 U.S.C. § 636(b)(1)(B).

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Full text

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
UNITED STATES OF AMERICA,
Plaintiff,
vs.
MARTIN KAO,
Defendant.
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1:21-CR-00061-LEK-1
REPORT AND RECOMMENDATION
CONCERNING PLEA OF GUILTY
The defendant, by consent, has appeared before me pursuant to Rule 11,
Fed.R.Crm.P., and has entered a plea of guilty to Counts 1, 2, 3, 4, 5, 6, 7 and 8 of the
Indictment.  After examining the defendant under oath, I have determined that the
defendant is fully competent and capable of entering an informed plea, that the guilty plea
was intelligently, knowingly and voluntarily made, and that the offenses charged is
supported by an independent basis in fact establishing each of the essential elements of
such offense.  I therefore recommend that the plea of guilty be accepted and that the
defendant be adjudged guilty and have sentence imposed accordingly.
IT IS SO RECOMMENDED.
DATED: Honolulu, Hawaii, September 7, 2022.
Case 1:21-cr-00061-LEK   Document 77   Filed 09/08/22   Page 1 of 2     PageID.244

NOTICE
Failure to file written objections to this Report and Recommendation within
fourteen (14) days from the date of its service shall bar an aggrieved party from
attacking such Report and Recommendation before the assigned United States
District Judge. 28 U.S.C. § 636(b)(1)(B).
Case 1:21-cr-00061-LEK   Document 77   Filed 09/08/22   Page 2 of 2     PageID.245

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