THOMAS M. OTAKE #7622 THOMAS M. OTAKE AAL, ALC 841 Bishop Street, Suite 2201 Honolulu, Hawaii 96813 Telephone: (808)523-3325 Facsimile: (808)599-1645 E-Mail: thomas@otakelaw.com LYNN E. PANAGAKOS #7696 841 Bishop Street, Suite 2201 Honolulu, Hawaii 96813 Telephone: (808) 542-9943 Facsimile: (808) 566-0347 E-Mail: lynnpanagakos@yahoo.com Attorneys for Defendant DUSTIN MIYAKAWA IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII UNITED STATES OF AMERICA, Plaintiff, vs. DUSTIN MIYAKAWA, Defendant. ) ) ) ) ) ) ) ) ) ) CR. NO. 18-00063 DKW STIPULATION AND ORDER CONTINUING TRIAL DATE AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT OLD TRIAL DATE: 11/26/2018 NEW TRIAL DATE: 04/08/2019 STIPULATION CONTINUING TRIAL DATE AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT A. The United States of America and the Defendant, Dustin Miyakawa, through their respective attorneys, hereby agree and stipulate to continue the trial in this case and to exclude the time period from November 26, 2018 and the new trial date from computation under the Speedy Trial Act. The reason(s) for the continuance are that counsel for the Defendants require additional time to obtain and review voluminous discovery -which includes electronically stored information from twenty (20) devices-, assess any available defenses, and confer with and advise the defendant. B. The Government agrees to the continuance. The parties further agree that the ends of justice served by the continuance outweigh the best interests of the Defendant and the public in a speedy trial, and [check all that apply, but per the statute 2 and 3 cannot both be checked]: 1. The failure to grant such a continuance would be likely to make a continuation of such proceeding impossible X to result in a miscarriage of justice. 2. The case is so unusual complex due to the number of defendants the nature of the prosecution the existence of novel questions of fact or law that it is unreasonable to expect adequate preparation for pretrial proceedings or for the trial itself 2 within the time limits established by the Speedy Trial Act. 3. The failure to grant the continuance would deny the defendant reasonable time to obtain counsel unreasonably deny the defendant continuity of counsel unreasonably deny the government continuity of counsel X deny counsel for the defendants the reasonable time necessary for effective preparation, taking into account the exercise of due diligence deny counsel for the government the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 4. (Other factors considered) C. The parties further agree that the period of time from November 26, 2018 to and including April 8, 2019, constitutes a period of delay which shall be excluded in computing the time within which the trial in this case must 3 . commence pursuant to the Speedy Trial Act, 18 U.S.C. '' 3161(h)(7)(A) and (h)(7)(B). DATED: October 31, 2018, Honolulu, Hawaii. Respectfully submitted, /s/ Thomas M. Otake THOMAS M. OTAKE /s/ Lynn E. Panagakos LYNN E. PANAGAKOS Attorneys for Defendant DUSTIN MIYAKAWA KENJI M. PRICE United States Attorney District of Hawaii By /s/ Morgan Early MORGAN EARLY Assistant U.S. Attorney Attorney for United States 4 ORDER CONTINUING TRIAL AND EXCLUDING SPEEDY TRIAL ACT TIME The above Stipulation Continuing Trial Date And Excluding Time Under the Speedy Trial Act is hereby approved, and the agreements set forth in paragraphs A, B, and C of the Stipulation are adopted as findings by the court. For the reasons stated, IT IS HEREBY ORDERED: (1) the jury selection and trial are set for April 8, 2019 at 9:00 a.m. before the Honorable Derrick K. Watson; (2) the final pretrial conference is set for March 11, 2019 at 10:00 a.m. before the Honorable Kevin S.C. Chang; (3) defense motions are due on February 25, 2019, and the government's responses are due on March 11, 2019. IT IS FURTHER ORDERED that the period of time from November 26, 2018 to and including April 8, 2019, constitutes a period of delay which shall be excluded in computing the time within which the trial in this case must commence pursuant to the Speedy Trial Act, 18 U.S.C. '' 3161(h)(7)(A) and (h)(7)(B). DATED: November 1, 2018 at Honolulu, Hawai’i. /s/ Derrick K. Watson Derrick K. Watson United States District Judge 5