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United States of America v. Tony Sek Mun

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


February 4, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
TONY SEK MUN,
DEFENDANT.

The opinion of the court was delivered by: John A. Mendez United States District Court Judge

DANIEL J. BRODERICK, Bar #89424 Federal Defender DOUGLAS BEEVERS, U.S.V.I. #766 Assistant Federal Defender Designated Counsel for Service 801 I Street, 3rd Floor Sacramento, California 95814 Telephone: (916) 498-5700 Attorney for Defendant TONY SEK MUN

WAIVER OF DEFENDANT'S PRESENCE

Pursuant to Rule 43 of the Federal Rules of Criminal Procedure, the defendant, TONY SEK MUN, hereby waives the right to be present 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, specifically, appearances for any hearing regarding modification of conditions of supervised release, except upon arraignment, plea, impanelment of jury and imposition of sentence.

Defendant hereby requests the Court to proceed during every absence which the Court may permit pursuant to this waiver; agrees that defendant's interest will be deemed represented at all times by the presence of the defendant's attorney, the same as if the defendant were personally present; and further agrees to be present in court ready for trial any day and hour the court may fix in the defendant's absence.

The defendant further acknowledges being informed of the rights under Title 18 U.S.C. §§ 3161-3174 (Speedy Trial Act), and authorizes the defendant's attorney to set times and dates under that Act without the defendant's personal presence.

The original signed copy of this waiver is being preserved by the attorney undersigned.

Dated: January 28, 2011

IT IS SO ORDERED.

John A. Mendez Hon.

20110204

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