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United States of America v. Rudolph Buendia

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


May 16, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
RUDOLPH BUENDIA, III,
DEFENDANT.

The opinion of the court was delivered by: Hon. Oliver W. Wanger

WAIVER OF DEFENDANT'S PERSONAL PRESENCE; ORDER THEREON

The undersigned defendant, Rudolph Buendia III, having been advised of his 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, status conference, motions hearing, trial setting, and/or when a continuance is ordered, hereby waives the right to be present at said hearings. He requests the court to allow his attorney to make such appearances on his behalf and to request the Court set a motions schedule and/or schedule the matter for trial, including such eharings 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 his which the Court may permit pursuant to this waiver; agrees that his interests will be deemed represented at all times by the presence of his attorney, the same a if defendant were personally present.

Defendant currently resides in Planada. Due to the time, distance ane expense involved, travel to Fresno for court appearances which solely involve scheduling and/or non-dispositive motions would be both a financial hardship. Consequently, Defendant wishes to limit the number of personaL court appearances, mainly those that are for setting of new dates, thereby minimizing the time and expense of travel to Fresno.

This request is made pursuant to Fed.R.Crim.P. 45(b)(3).

Rudolph Buendia III

RUDOLPH BUENDIA III Defendant /s/ Francine Zepeda FRANCINE ZEPEDA Assistant Federal Defender Attorney for 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.

IT IS SO ORDERED.

Dated: May 16, 2011

Oliver W. Wanger UNITED STATES DISTRICT JUDGE

20110516

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