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United States v. Hanson

United States District Court, Ninth Circuit

May 7, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
SHERRILL HANSON, Defendant.

JOSEPH SCHLESINGER, #87692 Acting Federal Defender, JEREMY S. KROGER, #258956 Assistant Federal Defender, Designated Counsel for Service, Fresno, California, Attorneys for Defendant SHERRILL HANSON

WAIVER OF DEFENDANT'S PERSONAL PRESENCE AT ARRAIGNMENT PURSUANT TO RULE 10(b)(2); ORDER THEREON

BARBARA A. McAULIFFE, Magistrate Judge.

Pursuant to Fed. R. Crim. P. 10(b)(2), Defendant, SHERRILL HANSON, having been advised of her right to be present at all stages of the proceedings, hereby requests that this Court proceed in her absence at the arraignment on the Superseding Indictment now scheduled for May 13, 2013, at 1:00 p.m. Ms. Hanson has received a copy of the Superseding Indictment filed April 4, 2013 and has reviewed it with the assistance of her attorney. She is aware that the penalty for each of counts one through fourteen is up to twenty years imprisonment and a fine of up to $250, 000; and that the penalty for each of counts fifteen and sixteen is up to one year in prison and a fine of up to $100, 000. She is further aware that both the fine and imprisonment could be imposed. Ms. Hanson also has in mind the rights that the Court read to her at her arraignment on the original Indictment on December 20, 2011 - including, inter alia, the right to an attorney and to remain silent - and she is aware that they apply with equal force to the charges contained in the Superseding Indictment.

With the forgoing in mind, and pursuant to Fed. R. Crim. P. 10(b)(2), Ms. Hanson hereby requests that the Court permit her counsel, on her behalf, to enter a plea of NOT GUILTY to each of the sixteen counts contained in the Superseding Indictment, and a denial to all enhancements and forfeiture allegations.

Ms. Hanson makes this request because she lives six hours from the Fresno Federal Courthouse and because she has the following significant health problems: She is legally blind, and so cannot drive; she is on semiweekly dialysis for acute kidney failure; and she is unable to walk, and is thus wheelchair bound. In light of these health conditions, the time, distance and expense involved in making the twelve-hour round-trip for court appearances is a significant financial and personal hardship on her. Defendant wishes to limit the number of personal court appearances and minimize the time and expense of travel to court.

This request is made pursuant to Fed. R. Crim. P. 10(b)(2). Defense counsel has consulted with counsel for the government, who does not oppose this request.

ORDER

GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that Defendant's appearance may be waived at the arraignment on the Superseding Indictment now scheduled for May 13, 2013, at 1:00 p.m. On that date, defense counsel will be permitted, on Ms. Hanson's behalf, to enter a plea of NOT GUILTY to each of the sixteen counts contained in the Superseding Indictment, and to enter denials to all enhancements and forfeiture allegations.

IT IS SO ORDERED.


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