Opinion
6:19-mj-00072-HBK-1
10-07-2021
UNITED STATES OF AMERICA, Plaintiff, v. GUADALUPE ORTEGA, Defendant.
ORDER REVOKING RULE 43 WAIVER AND SUMMONING DEFENDANT TO APPEAR
HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE
On September 28, 2021, a status conference was held in this matter. At the status conference, counsel for Defendant represented his efforts to contact Defendant by telephone and email have be unavailing. (See Minutes from September 28, 2021 Hearing at Doc. No. 31). The Court revoked Defendant's Rule 43 waiver and scheduled this matter for October 26, 2021 status conference. (Id.).
On May 19, 2021, an initial appearance was held on Defendant's alleged violation of probation. (Doc. No. 26). The Court ordered discovery and set a status conference for August 3, 2021. (Id.). The status conference was twice rescheduled - first until August 31, 2021, and later until September 28, 2021 - to allow Defendant additional time to complete the DUI course. (Doc. Nos 28-30). The Court will issue a summons compelling Defendant to appears at the October 26, 2021 status conference. Failure to appear will result in a warrant being issued for Defendant's arrest. The Court will also entertain at that time a motion by Defendant's counsel to withdraw from this case. (See Guinooban v. Holder, 542 Fed.Appx. 614, 615 (9th Cir. 2013) (allowing counsel to withdraw because she “cannot establish contact with her client.”)