Filed: Jan. 11, 2019
Latest Update: Jan. 11, 2019
Summary: REQUEST FOR RULE 43 WAIVER FOR STATUS CONFERENCE; PROPOSED ORDER CAROLYN K. DELANEY , Magistrate Judge . Pursuant to Federal Rule of Criminal Procedure 43(b)(2), Brock M. Dace, 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 for his upcoming status conference, and when any other action is taken by the court before or after trial, specifically, appearances for any status hearings rega
Summary: REQUEST FOR RULE 43 WAIVER FOR STATUS CONFERENCE; PROPOSED ORDER CAROLYN K. DELANEY , Magistrate Judge . Pursuant to Federal Rule of Criminal Procedure 43(b)(2), Brock M. Dace, 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 for his upcoming status conference, and when any other action is taken by the court before or after trial, specifically, appearances for any status hearings regar..
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REQUEST FOR RULE 43 WAIVER FOR STATUS CONFERENCE; PROPOSED ORDER
CAROLYN K. DELANEY, Magistrate Judge.
Pursuant to Federal Rule of Criminal Procedure 43(b)(2), Brock M. Dace, 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 for his upcoming status conference, and when any other action is taken by the court before or after trial, specifically, appearances for any status hearings regarding scheduling matters.
Mr. Dace agrees that his interests shall be represented at all times by the presence of his attorney, Linda C. Allison, from the Office of the Federal Defender for the Eastern District of California, the same as if Mr. Dace were personally present. This Court has the discretion under Rule 43(b)(2) to permit the defendant's absence. Mr. Dace is charged with violating 18 USC § 113, Assault, a petty offense.
Mr. Dace resides in Quincy, Illinois, where he has familial support and is currently undergoing mental health treatment. It would be a serious hardship financially for Mr. Dace to travel to Sacramento.
ORDER
For good cause appearing, the Court grants the Defendant's request for waiver of his personal appearance in this matter.
IT IS SO ORDERED.
