REQUEST FOR RULE 43 WAIVER OF APPEARANCE FOR DEFENDANT; [PROPOSED] ORDER THEREON

SHEILA K. OBERTO, Magistrate Judge.

Pursuant to Federal Rule of Criminal Procedure 43(b)(3), Defendant, Tern Phaphonh, having been advised of her right to be present at all stages of the proceedings, hereby requests that this Court proceed in her absence on every occasion that the Court may permit, pursuant to this waiver. Defendant agrees that her interests shall be represented at all times by the presence of her attorney, the Office of the Federal Defender for the Eastern District of California, the same as if Defendant were personally present, and requests that this Court allow her attorneys-in-fact to represent her interests at all times. Defendant further agrees that notice to Defendant's, attorney that Defendant's presence is required will be deemed notice to the Defendant of the requirement of her appearance at said time and place.

It is a hardship for Defendant to appear at court appearances due to her advanced age and substantial health concerns. Recently the defendant was hospitalized for several days, and her multiple medical issues remain in need of ongoing treatment. Defendant respectfully requests that the Court waive her appearance at all future pre-trial hearings unless her appearance is ordered by the Court.

ORDER

GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that Defendant's appearance may be waived at any and all non-substantive proceedings until further order.