UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
January 31, 2011
UNITED STATES OF AMERICA, PLAINTIFF,
JOHN C. SMITHSON, DEFENDANT
The opinion of the court was delivered by: Frank C. Damrell, Jr. United States District Judge
WAIVER OF DEFENDANT'S PERSONAL PRESENCE AT PRETRIAL PROCEEDINGS; ORDER
Pursuant to F.R. Crim P.43(b)(2) and (3), Defendant, John Smithson, having been advised of his right to be present at all stages of the proceedings, hereby requests that this Court proceed in her 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, Kirk W. McAllister, the same as if Defendant were personally present, and requests that this Court allow her 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 her appearance at said time and place.
Defendant makes this request because of the time, distance and expense involved, travel to Sacramento 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. This request is made pursuant to Fed.R. Crim.P. 43(b)(2).
Dated: Respectfully Submitted,
Kirk McAllister Attorney for Defendant John Smithson John C. Smithson Defendant
ORDER 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.
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