IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
March 14, 2011
UNITED STATES OF AMERICA,
SUE ELLEN PECK, DEFENDANT.
The opinion of the court was delivered by: Hon. Michael J. Seng
DANIEL J. BRODERICK, Bar #89424 Federal Defender FRANCINE ZEPEDA, Bar # 091175 Assistant Federal Defender Designated Counsel for Service 2300 Tulare Street, Suite 330 Fresno, California 93721-2226 Telephone: (559) 487-5561 Attorney for Defendant SUE ELLEN PECK
WAIVER OF DEFENDANT'S PERSONAL PRESENCE; ORDER THEREON
The undersigned defendant, SUE ELLEN PECK, having been advised of her right to be present in person in open court upon the hearing of any motion or other pre-trial proceeding in this cause, including but not limited to, change of plea hearing, status conference, and/or when a continuance is ordered, hereby waives the right to be present at said hearings. She requests the court to allow her attorney to make such appearances on her behalf and to request the Court hear her change of plea and set the matter for sentencing, including such hearings as may be appropriate at a time mutually convenient to the Court and counsel. Defendant further hereby requests the Court to proceed during every absence of hers which the Court may permit pursuant to this waiver; agrees that her interests will be deemed represented at all times by the presence of her attorney, the same as if defendant were personally present.
Defendant makes this request as she travels for her employment and is living in the Wyoming area at this time. Due to the time, distance and expense involved, travel to Yosemite for court appearances would be both a financial and personal hardship. Consequently, Defendant wishes to limit the number of personal court appearances, thereby minimizing the time and expense of travel to Yosemite. Defendant fully intends to appear in Court at the time of sentencing.
This request is made pursuant to Fed.R.Crim.P. 43(b)(3).
GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that Defendant's appearance may be waived at all pretrial proceedings, including the hearing at which the change of plea is entered. Defendant is to appear at such proceeding telephonically.
IT IS SO ORDERED.
Michael J. Seng UNITED STATES MAGISTRATE JUDGE
Waiver of Defendant's Personal Presence; [Proposed] Order Thereon
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