Opinion
NO. 1:11-cr-00272 AWI
10-05-2011
UNITED STATES OF AMERICA, Plaintiff, v. JAVIER ROCHA-VASQUEZ, Defendant.
DANIEL J. BRODERICK, #89424 Federal Defender CHARLES J. LEE, Bar #221057 Assistant Federal Defender Designated Counsel for Service Attorney for Defendant JAVIER ROCHA-VASQUEZ
DANIEL J. BRODERICK, #89424
Federal Defender
CHARLES J. LEE, Bar #221057
Assistant Federal Defender
Designated Counsel for Service
Attorney for Defendant
JAVIER ROCHA-VASQUEZ
WAIVER OF DEFENDANT'S PERSONAL
PRESENCE AT PRETRIAL PROCEEDINGS; ORDER THEREON
Pursuant to F. R. Crim. P. 43(b)(2) and (3), Defendant, Javier Rocha-Vasquez, having been advised of his right to be present at all stages of the proceedings, hereby requests that this Court proceed in his absence on every occasion that the Court may permit, pursuant to this waiver. Defendant agrees that his interests shall be represented at all times by the presence of his attorney, the Office of the Federal Defender for the Eastern District of California, the same as if Defendant were personally present, and requests that this court allow his attorney-in-fact to represent his interests at all times. Defendant further agrees that notice to defendant's attorney that defendant's presence is required will be deemed notice to the defendant of the requirement of his appearance at said time and place.
Defendant makes this request because of the time, distance and expense involved, travel to Fresno for court appearances would be both a financial and personal hardship. Defendant is currently living at home with his parents in Ceres and is on pre-trial supervision with an ankle monitor. He is a full-time student at Modesto Junior College and would have to miss school to attend court. Defendant wishes to limit the number of personal court appearances and minimize the time and expense of travel to court. AUSA Jeremy Jehangiri has no objection to this request.
This request is made pursuant to Fed.R.Crim.P. 43(b)(3).
ORDER
GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that Defendant's appearance may be waived at any and all non-substantive pretrial proceedings until further order.
IT IS SO ORDERED.
Javier Rocha-Vasquez
CHARLES J. LEE
Assistant Federal Defender
Attorney for Defendant
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CHIEF UNITED STATES DISTRICT JUDGE