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United States v. Agnew

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


February 12, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
LAURA AGNEW, DEFENDANT.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER PERMITTING ENTRY OF PLEA AND SENTENCING IN ABSENCE OF DEFENDANT (F.R.Cr.P. 43(b)(2))

The defendant, LAURA AGNEW, has filed herein her Consent to Entry of Plea and Sentencing in Her Absence, agreeing that her interests will be deemed represented by the presence of her attorney the same as if she were personally present.

Under the terms of that certain Memorandum of Plea Agreement Pursuant to Rule 11(c)(1)(B) entered into by and between the defendant and the Government, the defendant will plead guilty to the offense of Financial Aid Fraud, in violation of 20 U.S.C. §1097(a), a misdemeanor.

The defendant resides in Memphis, Tennessee, is 74 years of age and, as previously documented to the Government, suffers from myriad chronic health conditions resulting in her physician's advice that she is unable to travel to California.

Counsel for the Government does not oppose plea, judgment and sentencing in the defendant's absence.

Accordingly, good cause having been shown, IT IS HEREBY ORDERED:

1. Entry of plea by defendant LAURA AGNEW, entry of judgment and sentencing of said defendant shall be permitted without her personal appearance as allowed by Federal Rule of Criminal Procedure 43(b)(2).

2. After entry of plea and sentencing, this Court shall make such other orders, as necessary, requiring the defendant to be fingerprinted and processed at a federal facility and to report to a Probation Officer, all in the Western District of Tennessee where the defendant resides.

ORDER

IT IS SO ORDERED.

20100212

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