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United States of America v. Kelly Miles

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


December 3, 2010

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
KELLY MILES, DEFENDANT.

ORDER RE WAIVER OF DEFENDANT'S PRESENCE

Pursuant to Fed. R. Crim. P. 43(b)(2), defendant, Kelly Miles, waives his right to appear 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. Mr. Kelly requests the Court to proceed during every absence of his which the Court may permit pursuant to this waiver; agrees that his interests will be represented at all times by the presence of his 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 his absence. The defendant acknowledges that he has the right to be present at any and all hearings in this case.

Mr. Kelly further acknowledges that he has been informed of his rights under 18 U.S.C. §§ 3161-3174 (Speedy Trial Act), and authorizes his attorney to set times and delays under that Act without being present.

The original signed copy of this waiver is preserved by Mr. Kelly's attorney.

DATE: December 2, 2010

/s/Kelly Miles

KELLY MILES

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

DATE: December 2, 2010

/s/Ron Peters

RON PETERS

Attorney for Defendant KELLY MILES

IT IS HEREBY ORDERED

1. That Kelly Miles's appearance is waived 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.

IT IS SO ORDERED.

20101203

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