IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
September 10, 2008
UNITED STATES OF AMERICA, PLAINTIFF,
TINSLEY FAGAN, DEFENDANT.
The opinion of the court was delivered by: Anthony W. Ishii Chief United States District Judge
WAIVER OF PERSONAL APPEARANCE AT SENTENCING PROCEEDINGS; REQUEST FOR IMMEDIATE REMAND TO CUSTODY OF BUREAU OF PRISONS AND TRANSPORTATION TO FEDERAL FACILITY; ORDER THEREON
The undersigned defendant, Tinsley Fagan, having been advised of his right to be present at all stages of the proceedings, including but not limited to post-trial proceedings and imposition of sentence, hereby waives his personal appearance at the sentencing proceeding.
Mr. Fagan has reviewed the Presentence Investigation Report (PSR) with his counsel and has reviewed the objections made on his behalf. Mr. Fagan specifically waives his right to allocution and to be present at the time that the court imposes sentence in this cause on September 8, 2008. He requests that the Court allow his attorney to represent him in court on that date and to accept the sentence on his behalf. This request is made pursuant to Fed.R.Crim.P. 43(c)(2)and (3).
Defendant Fagan further requests that he be returned to the custody of the Bureau of Prisons and moved to a federal facility forthwith.
I declare under penalty of perjury that the foregoing is true and correct. Executed this 13 day of August, 2008, at Fresno, California.
AGREED BY COUNSEL: FRANCINE ZEPEDA Assistant Federal Defender Attorney for Defendant TINSLEY FAGAN
DATED: August 8, 2008
ORDER IT IS HEREBY ORDERED that defendant TINSLEY FAGAN's presence at the sentencing hearing currently set for September 8, 2008, be waived and that his attorney be allowed to accept his sentence in his stead.
IT IS FURTHER ORDERED that defendant be remanded to the custody of the Bureau of Prisons and that he be transported to a federal facility forthwith.
IT IS SO ORDERED.
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