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U.S. v. Gonzalez, 1:19-cr-00023 DAD-BAM. (2019)

Court: District Court, E.D. California Number: infdco20190510836 Visitors: 10
Filed: May 09, 2019
Latest Update: May 09, 2019
Summary: WAIVER OF DEFENDANT'S PERSONAL PRESENCE; ORDER THEREON BARBARA A. McAULIFFE , Magistrate Judge . Pursuant to Fed. R. Crim. P. 43(b)(3), Defendant, Andrew David Gonzalez, having been advised of his right to be present at all stages of the proceedings, hereby requests that this Court proceed in his absence on every occasion that the Court may permit, pursuant to this waiver. Defendant agrees that his interests shall be represented at all times by the presence of his counsel, Assistant Federal
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WAIVER OF DEFENDANT'S PERSONAL PRESENCE; ORDER THEREON

Pursuant to Fed. R. Crim. P. 43(b)(3), Defendant, Andrew David Gonzalez, having been advised of his right to be present at all stages of the proceedings, hereby requests that this Court proceed in his absence on every occasion that the Court may permit, pursuant to this waiver. Defendant agrees that his interests shall be represented at all times by the presence of his counsel, Assistant Federal Defender Eric V. Kersten and 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 his attorney-in-fact to represent his 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 his appearance at said time and place.

Mr. Gonzalez makes this request because he participating in an in-patient, residential substance abuse treatment program and wishes to minimize his time away from the program traveling to Fresno for non-dispositive hearings. Undersigned counsel has received a letter from the program attesting that Mr. Gonzalez remains enrolled in the program in good standing. Said letter will be presented to the court at the May 13, 2019 status conference. AUSA Justin J. Gilio does not object to this request.

DATED: May 9, 2019 /s/ Andrew David Gonzalez ANDREW DAVID GONZALEZ, Defendant DATED: May 9, 2019 /s/ Eric V. Kersten ERIC V. KERSTEN Assistant Federal Defender Attorney for ANDREW DAVID GONZALEZ

ORDER

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

IT IS SO ORDERED.

Source:  Leagle

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