Opinion
19-CR-00074
08-07-2023
UNITED STATES OF AMERICA, Plaintiff, v. RAUL GUTIERREZ-ORTEGA, RAFAEL FLORES-De La RIVA, Defendants,
RAFAEL FLORES-De La RIVA Defendant Original signature retained by attorney Richard M. Oberto RICHARD M. OBERTO, ATTORNEY AT LAW, Attorney for Defendant, Rafael Flores-De La Riva
RAFAEL FLORES-De La RIVA Defendant Original signature retained by attorney Richard M. Oberto
RICHARD M. OBERTO, ATTORNEY AT LAW, Attorney for Defendant, Rafael Flores-De La Riva
WAIVER OF PERSONAL PRESENCE BY THE DEFENDANT RAFAEL FLORES-DE LE RIVA PURSUANT TO FEDERAL RULES OF EVIDENCE, RULE 43(B)(3); ORDER
BARBARA A. McAULIFFE, UNITED STATES MAGISTRATE JUDGE
TO THE ABOVE ENTITLED COURT AND ALL PARTIES OF RECORD:
The defendant RAFAEL FLORES-De La RIVA (“Mr. Flores-De L Riva”) has been advised of his right to be personally present at all stages of the court proceedings in the above entitled action against him. Mr. Flores-De L Riva hereby waives his right to be present for proceedings that involve only a conference or a hearing on a question of law pursuant to Federal Rules of Criminal Procedure, Rule 43, subdivision (b)(3). Pursuant to this waiver, Mr. Flores-De L Riva requests that the court allow his interests to be represented by the presence of his attorney, Richard M. Oberto, and he agrees that his interests shall be represented the same as if he were personally present. Mr. Flores-De L Riva agrees notice to his attorney that his personal presence is required for a proceeding at a specific time and place will be deemed notice to Ms. Flores-De L Riva of the requirement of his personal presence.
ORDER
IT IS HEREBY ORDERED that the personal presence of the defendant RAFAEL FLORES-De La RIVA is not required for proceedings that involve only a conference or a hearing on a question of law pursuant to Federal Rules of Criminal Procedure, Rule 43(b)(3).
IT IS SO ORDERED.