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United States of America v. Sue Ellen Peck

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


February 29, 2012

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
SUE ELLEN PECK,
DEFENDANT.

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

DANIEL J. BRODERICK, #89424 Federal Defender FRANCINE ZEPEDA, Bar #091175 Assistant Federal Defender Designated Counsel for Service 2300 Tulare Street, Suite 330 Fresno, California 93721-2226 Telephone: (559) 487-5561 Attorney for Defendant SUE ELLEN PECK

WAIVER OF APPEARANCE Date: March 6, 2012 Time: 10:00 a.m.

Ms. Peck currently resides in Hesperia, California, but expects to be transferred out of state for her employment prior to the next court date. It would be a personal hardship for her to be present at court in Yosemite. Pursuant to F. R. Crim. P. 43(b)(2) and (4), Defendant, Sue Ellen Peck, having been advised of her right to be present at all stages of the proceedings, hereby waives her right to be present in person in open court for the sentencing review hearing to be held in this case. Defendant agrees that her interests shall be represented at all times by the presence of her attorney, the Office of the Federal Defender, the same as if Defendant were personally present. Ms. Peck requests the court to allow her attorney to represent her interests in court on such dates, defendant having specifically given said attorney prior verbal authorization to make such appearance on her behalf. Ms. Peck further hereby requests the court to proceed during every absence which the court may permit pursuant to this waiver, and allow her attorney- in-fact to represent her interests at all times. This request is made pursuant to Fed.R.Crim.P. 43(b)(2).

Additionally, Ms. Peck waives the right to be personally present at the sentencing review hearing, and requests that review hearing be conducted in her absence.

ORDER

GOOD CAUSE APPEARING, IT IS SO ORDERED.

Defendant's appearance may be waived at any and all proceedings until further order, and that Defendant's sentencing review hearing may proceed in Defendant's absence.

IT IS SO ORDERED.

Michael J. Seng UNITED STATES MAGISTRATE JUDGE

20120229

© 1992-2012 VersusLaw Inc.



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