IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
December 20, 2012
UNITED STATES OF AMERICA,
TED LEE DURAN,
The opinion of the court was delivered by: Barbara A. McAuliffe United States Magistrate Judge
DANIEL J. BRODERICK, #89424 Federal Defender CHARLES J. LEE, Bar #221057 Assistant Federal Defender Designated Counsel for Service 2300 Tulare Street, Suite 330 Fresno, California 93721-2226 Telephone: (559) 487-5561 Attorney for Defendant TED LEE DURAN
WAIVER OF DEFENDANT'S PERSONAL PRESENCE AT PRETRIAL PROCEEDINGS; ORDER THEREON
Pursuant to F. R. Crim. P. 43(b)(2) and (3), Defendant, Ted Lee Duran, having been advised of his right to be present at all stages of the proceedings, hereby requests that this Court proceed in his absence on every occasion that the Court may permit, pursuant to this waiver. Defendant agrees that his interests shall be represented at all times by the presence of his 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 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.
Defendant makes this request because he is currently housed at the Lerdo Detention facility and because of the physical hardship involved in being transported to Fresno. Mr. Duran has a number of medical conditions and has found the travel to Fresno to be extremely taxing and disruptive of his medical care at Lerdo. Because of the physical rigors involved with transportation to court, Mr. Duran would request his presence be waived at any non-critical hearing.
This request is made pursuant to Fed.R.Crim.P. 43(b)(3).
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.
IT IS SO ORDERED.
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