IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
September 15, 2010
UNITED STATES OF AMERICA, PLAINTIFF,
TYRELL M. WELLS, DEFENDANT.
The opinion of the court was delivered by: Jennifer L. Thurston United States Magistrate Judge
WAIVER OF DEFENDANT'S PERSONAL PRESENCE AT PRETRIAL PROCEEDINGS; ORDER THEREON
Pursuant to F. R. Crim. P. 43(b)(2) and (3), Defendant, TYRELL M. WELLS, 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 Defendant of the requirement of his appearance at said time and place.
Defendant makes this request because the time, distance and expense involved in traveling to Edward's Air Force Base for court appearances is a financial and personal hardship on him. Defendant wishes to limit the number of personal court appearances and minimize the time and expense of travel to court.
This request is made pursuant to Fed.R.Crim.P. 43(b)(3).
TYRELL M. WELLS
JEREMY S. KROGER Assistant Federal Defender Counsel for Defendant
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. Defendant must appear at all substantive proceedings, including any potential substantive hearings, trial or change of plea.
IT IS SO ORDERED.
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