IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
January 13, 2012
UNITED STATES OF AMERICA,
The opinion of the court was delivered by: Magistrate Judge: Michael J. Seng
WAIVER OF DEFENDANT'S PERSONAL PRESENCE; ORDER THEREON Time:
Pursuant to F. R. Crim. P. 43(b)(2) and (3), Defendant hereby waives his right to be personally present in open court upon the hearing of any proceeding in this case, including, but not limited to status conferences, motions hearings and change of plea.
Mr. Sibley made an initial appearance on 7/15/2010, and a subsequent appearance on 8/10/2010. Mr. Sibley now resides in Portland, Oregon, which is approximately a 13-hour drive from Yosemite National Park. It is a significant financial and personal hardship for Mr. Sibley to be present at court in Yosemite. Mr. Sibley, therefore, respectfully requests permission to enter his change of plea in absentia.
The government has indicated that it does not oppose this request.
Dated: January 12, 2012 Respectfully submitted, DANIEL J. BRODERICK Federal Defender By: /s/ Peggy Sasso PEGGY SASSO Assistant Federal Defender Attorney for Defendant Justin Sibley
GOOD CAUSE APPEARING, it is hereby ordered that Defendant's appearance may be waived until further order.
IT IS SO ORDERED.
Michael J. Seng UNITED STATES MAGISTRATE JUDGE
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