STIPULATION FOR RULE 43 WAIVER OF APPEARANCE AND FOR CONTINUANCE OF INITIAL APPEARANCE; ORDER

MICHAEL J. SENG, Magistrate Judge.

Pursuant to Federal Criminal Rule of Criminal Procedure 43(b)(2), Maksim Nikulshin, 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 for his initial appearance, and be allowed to appear via video conference. Mr. Nikulshin 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. Nikulshin is charged with being present in a park area when under the influence of alcohol to a degree that may endanger oneself or another person, or damage property or park resources, in violation of 36 C.F.R. § 4.12; failing to report a motor vehicle accident resulting in property damage to the superintendent as soon as practicable, in violation of 36 C.F.R. § 4.4(a); operating a motor vehicle while under the influence of alcohol to a degree that renders the operator incapable of safe operation, in violation of 36 C.F.R. § 4.23(a)(1); and operating a motor vehicle with an alcohol concentration greater than or equal to 0.08, in violation of 36 C.F.R. § 4.23(a)(2). This is Mr. Nikulshin's first request for a waiver of appearance. Mr. Nikulshin resides in Brooklyn, New York. Mr. Nikulshin works part-time as a carpenter, earning only approximately $600 per month. Mr. Nikulshin's wife works as a model and her income varies greatly. It would be a serious hardship for Mr. Nikulshin to travel to Yosemite, both because of the distance and the cost. Accordingly, Mr. Nikulshin 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 video conference from the Federal Courthouse in Brooklyn, New York. Mr. Nikulshin further requests that the initial appearance currently scheduled for March 8, 2016, be continued to April 19, 2016, at 10:00 a.m. Mr. Nikulshin, who speaks Russian, will require the aid of an interpreter to communicate with his attorney, and defense counsel requires additional time to arrange for an interpreter. Defense counsel also requires additional time to make the appropriate arrangements with the courthouse in New York.

ORDER

GOOD CAUSE APPEARING, the above request for Defendant's waiver of personal appearance and request to appear via video conference at the initial appearance hearing in Case No. 6:16-mj-00017-MJS, is hereby accepted and adopted as the order of this Court. The Court further grants the parties' request to continue the initial appearance to April 19, 2016, at 10:00 a.m.

IT IS SO ORDERED.