STIPULATION TO SET STATUS CONFERENCE AND FOR RULE 43 WAIVER OF APPEARANCE AT STATUS CONFERENCE; ORDER THEREON

MICHAEL J. SENG, Magistrate Judge.

IT IS HEREBY STIPULATED by and between the parties, through their respective counsel, Yosemite Legal Officer Matthew McNease, counsel for the government, and Assistant Federal Defender Erin Snider, counsel for Matt Horton, that the above-captioned matter be placed on calendar for a status conference on January 6, 2016. Pursuant to Federal Rule of Criminal Procedure 43(b)(2), Mr. Horton, having been advised of his right to be present at all stages of the proceedings, hereby requests that this Court permit him to waive his right to personally appear at the January 6, 2016 status conference and be allowed to appear telephonically. Mr. Horton 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 he were personally present, and requests that this Court allow his attorney-in-fact to represent his interests at all times. The government has no objection to this request.

Mr. Horton was charged by Criminal Complaint with failure to comply with the directions of a traffic control device, carrying or storing an open container of alcohol in a motor vehicle, and possession of a controlled substance (crystal methamphetamine). On July 29, 2015, Mr. Horton appeared in court and pled guilty to possession of a controlled substance. The remaining charges were dismissed pursuant to a plea agreement with the government. At that time, the Court set a sentencing hearing for September 29, 2015, with instructions for defense to inquire into a possible Salvation Army placement. The Court authorized Mr. Horton to appear via telephone at the sentencing hearing. On September 25, 2015, the hearing was moved to September 30, 2015. On that date, Mr. Horton failed to call in and the Court issued a warrant.

Since the September 30, 2015 hearing, Mr. Horton has been in contact with the Federal Defender's office and would like to clear the warrant. However, Mr. Horton lives in La Grange, California, and has no means of getting to Yosemite for a court appearance. His car is not registered and, thus, he cannot drive to Yosemite. There is no public transportation between La Grange and Yosemite. Moreover, Mr. Horton is currently unemployed and is unable to pay for transportation.

Therefore, Mr. Horton respectfully requests that the Court grant a waiver of his right and obligation to be personally present and that he be permitted to appear via telephone.

ORDER

GOOD CAUSE APPEARING, the above request to set a status conference for January 6, 2016, and to waive Defendant's personal appearance at the status conference in case No. 6:14-mj-00028-MJS, is hereby accepted and adopted as the order of this Court. Defendat is ORDERED to appear at the conference by telephone.

IT IS SO ORDERED.