Opinion
20 Cr. 687 (CM)
08-17-2021
UNITED STATES OF AMERICA v. JAMES JOHNSON, Defendant.
MATTHEW R. SHAHABIAN Assistant United States Attorney
MATTHEW R. SHAHABIAN Assistant United States Attorney
ORDER
HONORABLE COLLEEN MCMAHON United States District Judge
Defendant James Johnson seeks to proceed with a change of plea proceeding via video conference, or, if video conference is not reasonably available, telephone conference instead of a personal appearance in court. In view of the ongoing pandemic, video/telephone conferencing has been employed by judges in the Southern District of New York on numerous occasions. This Court finds that any further delay in this proceeding would result in serious harm to the interests of justice. Proceeding by video or telephone conference with a change of plea advances Mr. Johnson's case and furthers justice without undue delay. See §15002 (b) (2) of the Coronavirus Air, Relief, 'and Economic Security ("CARES") Act.
During the change of plea proceeding, the magistrate judge should allocute the defendant on his consent to proceed via video conference, or if video conference is not reasonably available, telephone conference, as previously stated by his counsel.
SO ORDERED.
APPLICATION
MATTHEW R. SHAHABIAN hereby affirms, under penalty of perjury and pursuant to Title 28, United States Code, Section 1746, as follows:
1. I am an Assistant United States Attorney in the office of Audrey Strauss, United States Attorney for the Southern District of New York, and I am familiar with this matter.
2. The defendant has indicated he wishes to plead guilty to the indictment in the above captioned case. Mr. Johnson, defense counsel, and the Government wish to proceed with the change of plea hearing by video conference, or, if video conference is not reasonably available, telephone conference instead of an in-person proceeding in light of the ongoing pandemic.
3. During this pandemic, video telephone conferencing has been employed by judges in the Southern district anti of New York on numerous occasions. The parties submit that any further delay in this proceeding would result in serious harm to the interests of justice. Proceeding by video or telephone conference with change of plea advances Mr. Johnson's case, allows the Government and defense to achieve finality in the case short of a jury trial, and furthers justice without undue delay. See 15002 (b)(2) of the Coronavirus Air, Relief, and Economic Security (''CARES'') Act.