Order to Continue Preliminary Hearing and Exclusion of Time under Speedy Trial Act — No. 1:20-mj-01208 (Dkt. 30, D. Haw.)

Summary

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, in the U.S. District Court for the District of Hawaii, filed March 2, 2021 as Document 30 (4 pages) and signed by Magistrate Judge Rom A. Trader. The parties stipulate and the Court finds good cause to continue the preliminary hearing from March 25, 2021 to May 12, 2021 at 2:00 p.m. so defense counsel can meet with the defendant and review materials. Time from March 25, 2021 through May 12, 2021 is excluded under 18 U.S.C. § 3161(h)(7)(A).

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Full text

Case 1:20-mj-01208-WRP 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 1:20-mj-01208-WRP 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 1:20-mj-01208-WRP 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 1:20-mj-01208-WRP 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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