IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
September 29, 2011
UNITED STATES OF AMERICA,
FRANCISCO MOREIRA, DEFENDANT.
The opinion of the court was delivered by: John A. Mendez United States District Court Judge
WAIVER OF DEFENDANT'S PRESENCE
Pursuant to Rule 43 of the Federal Rules of Criminal Procedure, the defendant, FRANCISCO MOREIRA, 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 interests will be deemed represented at all times by the presence of defendant's 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 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 being present.
The original signed copy of this waiver is being preserved by the attorney undersigned. Dated: September 26, 2011 Francisco Moreira FRANCISCO MOREIRA (Original retained by attorney)
I agree with and consent to my client's waiver of appearance.
Dated: September 26, 2011 /s/ Lexi Negin LEXI NEGIN Assistant Federal Defender Attorney for Defendant
IT IS SO ORDERED.
John A. Mendez
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