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United States of America v. Kathleen Chapin-Ashcraft

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


October 30, 2012

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
KATHLEEN CHAPIN-ASHCRAFT,
DEFENDANT.

The opinion of the court was delivered by: Judge: Honorable 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 KATHLEEN CHAPIN-ASHCRAFT

WAIVER OF DEFENDANT'S PERSONAL PRESENCE AT PRETRIAL,NON-SUBSTANTIVE, AND/OR REVIEW PROCEEDINGS; ORDER THEREON

Pursuant to F. R. Crim. P. 43(b)(2) and (3), Defendant, Kathleen Chapin-Ashcraft, having been advised of her right to be present at all stages of the proceedings, including but not limited to arraignment and/or initial appearance, plea, status conference, motions hearing, when the case is ordered set for trial, when a continuance is ordered, presentation of arguments on questions of law, to be confronted by and to cross-examine all witnesses, to present evidence in her own defense, and to litigate all issues by either jury or court trial, entry of plea, trial, and imposition of sentence, hereby waives her right to be personally present in open court upon the hearing of any non-substantive post-trial proceeding in this case, including any arraignment, status conference, review hearing, and/or when a continuance is ordered, and hereby requests that this Court proceed in her absence on every occasion that the Court may permit, pursuant to this waiver. Defendant agrees that her interests shall be represented at all times by the presence of her attorney, the Office of the Federal Defender for the Eastern District of California, the same as if Defendant were personally present, and requests that this court allow her attorney-in-fact to represent her 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 her appearance at said time and place.

Defendant makes this request because she has a family emergency and will not be available for court on November 6, 2012, the date now set for arraignment on a violation of supervised release, and will be unable to attend court a period of time subsequent to that date. Travel to court would be a personal hardship. Defendant wishes to limit the number of personal court appearances and minimize the time and expense of travel to court. She further agrees to be present at any contested hearing or disposition hearing in this matter.

This request is made pursuant to Fed.R.Crim.P. 43(b)(2) and (3).

ORDER

GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that Defendant's appearance may be waived at any and all non-substantive proceedings until further order.

IT IS SO ORDERED.

Michael J. Seng UNITED STATES MAGISTRATE JUDGE

20121030

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