Filed: Jun. 02, 2017
Latest Update: Jun. 02, 2017
Summary: REQUEST FOR RULE 43 WAIVER FOR PLEA AND SENTENCING; ORDER MICHAEL J. SENG , Magistrate Judge . Pursuant to Federal Rule of Criminal Procedure 43(b)(2), Ryan Newman, having been advised of his right to be personally present at all stages of the proceedings, hereby requests that this Court permit him to waive his right to personally appear for plea and sentencing at the June 7, 2017 hearing and that he be allowed to appear by video from the United States federal courthouse in Riverside, Calif
Summary: REQUEST FOR RULE 43 WAIVER FOR PLEA AND SENTENCING; ORDER MICHAEL J. SENG , Magistrate Judge . Pursuant to Federal Rule of Criminal Procedure 43(b)(2), Ryan Newman, having been advised of his right to be personally present at all stages of the proceedings, hereby requests that this Court permit him to waive his right to personally appear for plea and sentencing at the June 7, 2017 hearing and that he be allowed to appear by video from the United States federal courthouse in Riverside, Califo..
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REQUEST FOR RULE 43 WAIVER FOR PLEA AND SENTENCING; ORDER
MICHAEL J. SENG, Magistrate Judge.
Pursuant to Federal Rule of Criminal Procedure 43(b)(2), Ryan Newman, having been advised of his right to be personally present at all stages of the proceedings, hereby requests that this Court permit him to waive his right to personally appear for plea and sentencing at the June 7, 2017 hearing and that he be allowed to appear by video from the United States federal courthouse in Riverside, California.1 This Court has the discretion under Rule 43(b)(2) to allow Mr. Newman to appear by video for plea and sentencing. The government has no objection to this request.
On November 24, 2016, Mr. Newman was cited for possession of mushrooms in violation of 36 C.F.R. § 2.35(b)(2) and possession of marijuana in violation of 36 C.F.R. § 2.35(b)(2). An initial appearance was held in this matter on April 18, 2017, at which time Mr. Newman entered a plea of not guilty. A status conference is set for this case on June 7, 2017.
The parties have reached a resolution in this matter. Mr. Newman currently resides in San Diego, California, and is employed full-time as a warehouse manager. Yosemite National Park is approximately a seven hour drive from San Diego, and given that Mr. Newman would need to take off at least one day of work, Mr. Newman would be forced to incur significant expense for such a trip. Accordingly, Mr. Newman respectfully requests the Court grant a waiver of his right to be personally present and that he be permitted to appear via video from the federal courthouse in Riverside, California. The defense is in the process of arranging a video conference with the Riverside federal courthouse.
ORDER
GOOD CAUSE APPEARING, Defendant's request for waiver of personal appearance in favor of a video appearance at a plea and sentencing in Case No. 6:17-po-00116-MJS, is granted provided Defendant makes necessary arrangements to appear by video from a federal courthouse and a fully executed written plea agreement is filed with the court at least three business days before the plea hearing.
IT IS SO ORDERED.
