IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
May 7, 2010
UNITED STATES OF AMERICA, PLAINTIFF,
MARK MCGRATH, DEFENDANT.
The opinion of the court was delivered by: Anthony W. Ishii Chief United States District Judge
WAIVER OF DEFENDANT'S PERSONAL PRESENCE AT PRETRIAL PROCEEDINGS; ORDER THEREON
Pursuant to F. R. Crim. P. 43(b)(2) and (3), Defendant, Mark McGrath, having been advised of his right to be present at all stages of the proceedings, hereby requests that this Court proceed in his absence on every occasion that the Court may permit, pursuant to this waiver. Defendant agrees that his interests shall be represented at all times by the presence of his attorney, the Office of the Federal Defender for the Eastern District of California, the same as if Defendant were personally present, and requests that this court allow his attorney-in-fact to represent his interests at all times. Defendant further agrees that notice to defendant's attorney that defendant's presence is required will be deemed notice to the defendant of the requirement of his appearance at said time and place.
Defendant makes this request because of the time, distance and expense involved, travel to Fresno for court appearances would be both a financial and personal hardship. Defendant wishes to limit the number of personal court appearances and minimize the time and expense of travel to court. Mr. McGrath is currently self-employed but has limited hours. Driving an older pickup truck, the cost of gasoline is considerable for him to make the trip from Bakersfield. Mr. McGrath is currently in compliance with all his conditions under Pretrial Services.
This request is made pursuant to Fed.R.Crim.P. 43(b)(3).
CHARLES J. LEE Assistant Federal Defender Attorney for Defendant Mark McGrath
GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that Defendant's appearance may be waived at any and all non-substantive pretrial proceedings until further order.
IT IS SO ORDERED.
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