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United States of America v. Waiver of Appearance

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


August 10, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
WAIVER OF APPEARANCE POTEPALOV, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

Pursuant to Rule 43 of the Federal Rules of Criminal Procedure, the defendant, MARLA BRENNAN, 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, except upon arraignment, plea, impanelment of jury and imposition of sentence.

Defendant hereby requests the Court to proceed during every absence of her 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; and further agrees to be present in court ready for trial any day and hour the Court may fix in her absence.

Defendant further acknowledges that she has been informed of her rights under Title 18 U.S.C. §§3161-3174 (Speedy Trial Act), and authorizes her attorney to set times and delays under that Act without defendant being present.

Dated: August 3, 2011 MARLA BRENNAN DEFENDANT I agree with and consent to my client's waiver of appearance. Dated: August 3, 2011

BENJAMIN GALLOWAY Assistant Federal Defender Attorney for Defendant

IT IS SO ORDERED.

20110810

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