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United States v. Cook

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


March 27, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
MELYSSA COOK, DEFENDANT.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

WAIVER OF DEFENDANT'S PRESENCE

Pursuant to Rule 43 of the Federal Rules of Criminal Procedure, the defendant, MELYSSA COOK, hereby waives the right to be present in person in open court upon the hearing of any motion or other proceeding in this case, including, but not limited to, when the case is set for trial, when a continuance is ordered, and when any other action is taken by the court before or after trial, except upon arraignment, plea, impanelment of jury and imposition of sentence. Defendant hereby requests the Court to proceed during every absence of her which the Court may permit pursuant to this waiver; agrees that her interests will be deemed represented at all times by the presence of her attorney, the same as if defendant were personally present; and further agrees to be present in court ready for trial any day and hour the Court may fix in her absence.

Defendant further acknowledges that she has been informed of her rights under Title 18 U.S.C. §§3161-3174 (Speedy Trial Act), and authorizes her attorney to set times and delays under that Act without defendant being present.

Dated: March 25, 2009

MELYSSA COOK (Defense counsel Maintains the defendant's original Signature on file)

I agree with and consent to my client's waiver of appearance.

CARO MARKS Assistant Federal Defender Attorney for Defendant MELYSSA COOK

IT IS SO ORDERED.

20090327

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