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United States of America v. Arda Biltekin

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


February 21, 2012

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
ARDA BILTEKIN,
DEFENDANT.

The opinion of the court was delivered by: Magistrate Judge: Michael J. Seng

WAIVER OF DEFENDANT'S PERSONAL PRESENCE; ORDER THEREON

Mr. Biltekin, a citizen of Turkey, is a full-time international student at San Diego State in his third year of study. As an international student he has very limited resources and a full course of study. It would be a significant financial and personal hardship for him 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.

Additionally, it is expected that the matter will be resolved through a written plea agreement. Mr. Biltekin understands that he has the right to appear in person in the Eastern District of California at plea and sentencing. Pursuant to Fed. R. Crim. P. 43(b)(2) & (3), Mr. Biltekin waives the right to be personally present, and requests that plea and sentencing be conducted in his absence.

DATED: February 17, 2012

/s/ Arda Biltekin ARDA BILTEKIN

DATED: February 21, 2012

/s/ Peggy Sasso PEGGY SASSO

Assistant Federal Defender Arda Biltekin

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. However, IT IS FURTHER ORDERED that Defendant be present personally before the Court in the event he elects to enter a guilty plea and submit for sentencing.

IT IS SO ORDERED.

Michael J. Seng UNITED STATES MAGISTRATE JUDGE

20120221

© 1992-2012 VersusLaw Inc.



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