Opinion
20 Cr. 694 (AT)
01-29-2021
UNITED STATES OF AMERICA, v. DAVID RAINEY, Defendant.
ORDER :
I. Setting Remote Proceeding
The Court will hold an initial conference and a substitution of counsel hearing in this action on February 3, 2021, at 11:00 a.m. The hearing shall proceed by videoconference. Instructions for the parties' participation in and the public's observance of the proceeding are set out below.
Under the terms of Section 15002(b)(2) of the CARES Act, Pub. L. No. 116-136 (2020), the Judicial Conference of the United States has found that emergency conditions due to the national emergency declared by the President with respect to COVID-19 materially have affected and will materially affect the functioning of the federal courts, and the Chief Judge of this district has entered an order finding that "felony pleas under Rule 11 of the Federal Rules of Criminal Procedure [and] felony sentencings under Rule 32 of the Federal Rules of Criminal Procedure . . . cannot be conducted in person without seriously jeopardizing public health and safety," and authorizing such proceedings to be conducted by "video teleconferencing, or telephone conferencing if video conferencing is not reasonably available . . . with the consent of the defendant . . . after consultation with counsel and upon a finding by the presiding judge that the proceeding cannot be further delayed without serious harm to the interests of justice." In re Coronavirus/Covid-19 Pandemic, 20 Misc. 176, ECF No. 2 (S.D.N.Y. December 8, 2020).
II. Instructions
The conference shall proceed via videoconference using the CourtCall platform on February 3, 2021, at 11:00 a.m. As requested, defense counsel will be given an opportunity to speak with the Defendant by telephone for fifteen minutes before the proceeding begins (i.e., at 10:45 a.m.); defense counsel should make sure to answer the telephone number that was previously provided to chambers at that time.
To optimize the quality of the video feed, only the Court, the Defendant, defense counsel, and counsel for the Government will appear by video for the proceeding; all others will participate by telephone. Co-counsel, members of the press, and the public may access the audio feed of the conference by calling 855-268-7844 and using access code 32091812# and PIN 9921299#.
In advance of the conference, chambers will email the parties further information on how to access the conference. Those participating by video will be provided a link to be pasted into their browser. The link is non-transferrable and can be used by only one person; further, it should be used only at the time of the conference because using it earlier could result in disruptions to other proceedings.
To optimize use of the CourtCall technology, all those participating by video should:
1. Use the most recent version of Firefox, Chrome, or Safari as the web browser. Do not use Internet Explorer.
2. Use hard-wired internet or WiFi. If using WiFi, the device should be positioned as close to the Wi-Fi router as possible to ensure a strong signal. (Weak signals may cause delays or dropped feeds.)
3. Minimize the number of others using the same WiFi router during the conference.
Further, all participants must identify themselves every time they speak, spell any proper names for the court reporter, and take care not to interrupt or speak over one another. Finally, all of those accessing the conference—whether in listen-only mode or otherwise—are reminded that recording or rebroadcasting of the proceeding is prohibited by law.
If CourtCall does not work well enough and the Court decides to transition to its teleconference line, counsel should call (215) 861-0674 and use access code 5598827.
If possible, defense counsel shall discuss the attached Waiver of Right to be Present at a Criminal Proceeding with the Defendant prior to the proceeding. If the Defendant consents, and is able to sign the form (either personally or, in accordance with Standing Order 20 Misc. 174 of March 27, 2020, by defense counsel), defense counsel shall file the executed form at least 24 hours prior to the proceeding. In the event the Defendant consents, but counsel is unable to obtain or affix the Defendant's signature on the form, the Court will conduct an inquiry at the outset of the proceeding to determine whether it is appropriate for the Court to add the Defendant's signature to the form.
To the extent that there are any documents relevant to the proceeding (e.g., proposed orders or documents regarding restitution, forfeiture, or removal), counsel should submit them to the Court (by email or on ECF, as appropriate) at least at least 24 hours prior to the proceeding. To the extent any documents require the Defendant's signature, defense counsel should endeavor to get them signed in advance of the proceeding as set forth above; if defense counsel is unable to do so, the Court will conduct an inquiry during the proceeding to determine whether it is appropriate for the Court to add the Defendant's signature.
SO ORDERED. Dated: January 29, 2021
New York, New York
/s/_________
ANALISA TORRES
United States District Judge WAIVER OF RIGHT TO BE PRESENT AT CRIMINAL PROCEEDING Defendant __________ hereby voluntarily consents to participate in the following proceeding via videoconferencing: ___ Initial Appearance/Appointment of Counsel ___ Arraignment (If on Felony Information, Defendant Must Sign Separate Waiver of Indictment Form) ___ Preliminary Hearing on Felony Complaint ___ Bail/Revocation/Detention Hearing ___ Status and/or Scheduling Conference ___ Misdemeanor Plea/Trial/Sentence __________
Defendant's Signature
__________
Defense Counsel's Signature (Judge may obtain verbal consent on Record and Sign for Defendant) __________
Print Defendant's Name
__________
Print Defense Counsel's Name This proceeding was conducted by reliable videoconferencing technology. __________
Date
/s/_________
U.S. District Judge