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United States v. Meier

United States District Court, Ninth Circuit

October 21, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
MICHAELE MEIER, Defendant.

HEATHER E. WILLIAMS, #122664 Federal Defender, LINDA C. HARTER, CA Bar #179741 Chief Assistant Federal Defender, Designated Counsel for Service Sacramento, California, Attorney for Defendant MICHAELE MEIER.

DEFENDANT'S WAIVER OF APPERANCE; ORDER

MORRISON C. ENGLAND, Jr., District Judge.

Pursuant to Rule 43(c) of the Federal Rules of Criminal Procedure, the defendant, Michaele Meier, hereby waives the right to be present in person in open court upon the hearing of any motion or other proceeding in this case, specifically including, her sentencing hearing which is currently scheduled for October 24, 2013.

With the Court's permission the defendant, Michaele Meier, would like to appear telephonically for sentencing. She will be at a land line in a government office and defense counsel will provide all necessary information to the courtroom deputy in advance of the hearing.

As the Court is aware, Ms. Meier is the primary care giver for three children and has 50% custody of two additional kids. Several of her kids have disabilities, but it is primarily her youngest child that prevents her from traveling. The baby has recently had another surgery and is unable to travel. In addition, her husband is active duty military and will be away on orders next week. These were the same issues that led the Court to approve Ms. Meier's change of plea via telephone. Ms. Meier is under the supervision of pretrial services. Her new pretrial services officer is Michelle Ries.

The parties are jointly requesting a probationary sentence in this case.

The defendant further acknowledges being informed of the rights under Title 18 U.S.C. ยงยง 3161-3174 (Speedy Trial Act), and authorizes the defendant's attorney to set times and dates under that Act without the defendant's personal presence.

The original signed copy of this waiver is being preserved by the attorney undersigned.

I agree with and consent to my client's waiver of appearance.

ORDER

Good cause appearing, the Defendant, will be allowed to appear telephonically for sentencing in this case on October 24, 2013.

IT IS SO ORDERED.


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