IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
May 14, 2009
UNITED STATES OF AMERICA, PLAINTIFF,
NIYAH EDWARDS, DEFENDANT.
WAIVER OF DEFENDANT'S PRESENCE
Pursuant to Rule 43 of the Federal Rules of Criminal Procedure, defendant, NIYAH EDWARDS, 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, specifically, appearances for any hearing regarding modification of her conditions of supervised release, except upon arraignment, plea, impanelment of jury and imposition of sentence.
Defendant hereby requests the Court to proceed during every absence of hers 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 the 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.
The 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 dates under that Act without her personal presence.
The original signed copy of this waiver is being preserved by the attorney undersigned.
Dated: May 5, 2009
NIYAH EDWARDS (Original retained by attorney)
I agree and consent to my client's waiver of appearance. Dated: May 1, 2009
LINDA C. HARTER Chief Assistant Federal Defender Attorney for Defendant THERESA CARR
IT IS SO ORDERED.
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