STIPULATION FOR DEFENDANT TO APPEAR BY VIDEO TELECONFERENCE; ORDER

JEREMY D. PETERSON, Magistrate Judge.

The parties, through their respective counsel, Susan St. Vincent, Acting Legal Officer, counsel for the government, and Benjamin A. Gerson, Assistant Federal Defender, counsel for the defendant, William Matthews Penny III, hereby stipulate and jointly move this Court to permit the defendant to waive his right to be personally present at the initial appearance hearing on December 17, 2019, at 10:00 a.m., and instead appear by video conference from the United States District Court in Sacramento, California. The parties make this request pursuant to Fed. R. Crim. P. 43(b)(2).

Mr. Penny's motion is based on extreme financial hardship. Since September 8, 2019 Mr. Penny was homeless. In early November 2019, he started working as a mechanic in Sacramento. Shortly after he began his current job, his car broke down and he missed six days of work. He has been warned repeatedly that any continued absence will result in the termination of his employment.

While Mr. Penny understands the importance of appearing in person, traveling to and from Yosemite to attend the hearing could jeopardize his employment. As a poor person with precarious employment, Mr. Penny asks the court to consider not only the potential impact to his employment, but also to his living arrangements. Mr. Penny requests the Court accept waiver of his right to be personally present at the proceedings on December 17, 2019.

ORDER

The above stipulation for defendant to appear via video teleconference in Case No. 6:19-mj-00068, is hereby accepted and adopted as the order of this court.

IT IS SO ORDERED.