STIPULATION FOR DEFENDANT TO APPEAR TELEPHONICALLY; ORDER THEREON

MICHAEL J. SENG, Magistrate Judge.

The parties hereto, through their respective attorneys of record, stipulate and thereby jointly move this Court to permit the defendant, John Gregory French, to waive his right to be personally present at his change of plea and sentencing hearing at the above-mentioned date, and instead appear telephonically. The parties make this request pursuant to Fed. R. Crim. P. 43(b)(2). Mr. French agrees that his interests shall be represented at all times by the presence of his attorney of record, the Office of the Federal Defender for the Eastern District of California, the same as if he were personally present.

Mr. French has agreed to enter a guilty plea to one count of violating 36 C.F.R. §2.32(a)(2), which assimilates California Penal Code § 25400(a)(1). The government will move to dismiss Counts One and Three of the Criminal Complaint at the time of sentencing. The parties expect to make a joint sentencing recommendation for no fine, if Mr. French forfeits his interest in the firearm seized by park rangers, and 12 months of unsupervised probation with a condition that Mr. French obey all laws and report any new law violations to the Court. Mr. French resides in Colorado and it would be pose a financial hardship to fly to California to appear in person.

ORDER

Good cause appearing, the stipulation is accepted and adopted as the Order of the Court. IT IS SO ORDERED.