IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
February 1, 2012
UNITED STATES OF AMERICA,
The opinion of the court was delivered by: Magistrate Judge: Michael J. Seng
DANIEL J. BRODERICK, #89424 Federal Defender PEGGY SASSO, Bar #228906 Assistant Federal Defender Designated Counsel for Service 2300 Tulare Street, Suite 330 Fresno, California 93721-2226 Telephone: (559) 487-5561 Attorney for Defendant JOHN FISCHER
WAIVER OF DEFENDANT'S PERSONAL
PRESENCE; [PROPOSED] ORDER THEREON
Mr. Fischer resides in Australia; it is a significant financial and personal hardship for Mr. Fischer to be present at court in Yosemite. 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, motion hearings and change of plea. Defendant agrees that his interests shall be represented at all times by the presence of his attorney, the Office of the Federal Defender, the same as if Defendant were personally present, and requests that this court allow his attorney-in-fact to represent his interests at all times. Defendant further agrees that notice to Defendant's attorney that Defendant's presence is required will be deemed notice to the Defendant of the requirement of his appearance at said time and place.
Specifically, Mr. Fischer understands that he has the right to appear in person in the Eastern District of California at arraignment, plea and sentencing. Pursuant to Fed. R. Crim. P. 43(b)(2) & (3), Mr. Fischer waives the right to be personally present, and requests that arraignment, plea and sentencing be conducted in his absence.
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, and that Defendant's arraignment, plea and sentencing may proceed in Defendant's absence.
IT IS SO ORDERED.
Michael J. Seng UNITED STATES MAGISTRATE JUDGE
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