Court filing

CONSENT to Video Conference/Telephonic Conference filed by Defendant Arman… — USA v. Ayvazyan et al (Dkt. 268)

Record facts

Court	U.S. District Court for the Central District of California
Filed	2021-04-08

U.S. District Court for the Central District of California · No. 2:20-cr-00579-SVW · Doc. 268 · 2021-04-08 · Docket on CourtListener

Summary

A consent to video or telephonic conference form (CR-029) filed April 8, 2021 as Document 268 in United States v. Ayvazyan et al, No. 2:20-cr-00579-SVW, in the U.S. District Court for the Central District of California, for defendant Arman Hayrapetyan. In it he states that, after consultation with counsel, he knowingly and voluntarily consents to listed proceedings taking place by video conference or, if video is not reasonably available, by telephonic conference. The form carries dates of April 8, 2021 for the defendant and for counsel, whose certification states that the consent is knowing and voluntary. It also sets out the proposed findings and order section that § 15002(b)(2) of the CARES Act and Order of the Chief Judge No. 20-043 require before a felony plea or sentencing may proceed by video.

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Full text

Case 2:20-cr-00579-SVW Document 268 Filed 04/08/21 Pageiof2 PageID
#:2282
NAME & ADDRESS

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

CASE NUMBER

UNITED STATES OF AMERICA
PLAINTIEE, CR 20-579-SVW
Vv.
ARMAN HAYRAPETYAN
| CONSENT TO VIDEO/TELEPHONIC CONFERENCE
USMS Reg. #: 36455509 AND/OR WAIVER OF DEFENDANT'S PRESENCE
DEFENDANTS). | [] AND PROPOSED FINDINGS/ORDER
Check each that applies:
CONSENT TO VIDEO CONFERENCE/TELEPHONIC CONFERENCE TC] WAIVER OF DEFENDANT'S PRESENCE

1. Consent to Video Conference/Telephonic Conference

I, Arman Hayrapetyan , understand that the U.S. Constitution, the Federal Rules of Criminal

Procedure, and/or one or more federal statutes may give me the right to have all the below-listed proceedings take place in person in
open court. After consultation with counsel, I knowingly and voluntarily consent to the proceedings below instead taking place by
video conference or, if video conference is not reasonably available, by telephonic conference:

Check each that applies:

Detention/Bail Review/Reconsideration Hearing(s) (18 U.S.C. Sec. 3142) [_] Initial Appearance (Fed. R. Crim. P. 5)

[_] Preliminary Hearing (Fed. R. Crim. P. 5.1) [_] Arraignment (Fed. R. Crim. P. 10)

{_] Pretrial Release Revocation Proceedings (18 U.S.C. Sec. 3148) [_] Waiver of Indictment (Fed. R. Crim. P. 7(b))
[_] Misdemeanor Pleas and Sentencings (Fed. R. Crim. P. 43(b)(2)) [_] Appearances under Fed. R. Crim. P. 40

[_] Probation and Supervised Release Revocation Proceedings (Fed. R. Crim. P. 32.1)

Note: to consent to an appearance by video or telephonic conference at one of the two proceedings listed below, you must also complete
the "Proposed Findings” section on page 2 of this form.

[_] Felony Pleas (Fed. R. Crim. P. 11) [_] Felony Sentencings (Fed. R. Crim. P. 32)

2. Waiver of Defendant's Presence

I, , understand that the U.S. Constitution, the Federal Rules of Criminal

Procedure, and/or one or more federal statutes may give me the right to be present at all of the below-listed proceedings - in person,
by video conference, or by telephonic conference. After consultation with counsel, I knowingly and voluntarily waive my right to be
present in person in open court or by video conference or by telephonic conference at the proceedings below:

Check each that applies (and use Form CR-35 to waive the defendant's presence at other types of proceedings):

[_] Detention/Bail Review/Reconsideration Hearing(s) (18 U.S.C. Sec. 3142) [_] Probation and Supervised Release Revocation

[_] Preliminary Hearing (Fed. R. Crim. P. 5.1) Proceedings (Fed. R. Crim. P. 32.1)

dictment (Fed. R. Crim. P. 7(b))
Appearances under Fed. R. Crim. P. 40

04/08/2021 Fithect Yah MAM a~

Date Defendant A Signed for - by Counsel for Defendant with
Defendant's Authorization [Check if applicable]

[ ] Pretrial Release Revocation Proceedings (18 U.S.C. Sec. 3148)
[_] Misdemeanor Pleas and Sentencings (Fed. R. Crim. P. 43(b)(2))

In Custody? .
For in-custody defendants, WDCLA
Yes [_] No list institution where housed:

CR-029 (08/20) CONSENT TO VIDEO/TELEPHONIC CONFERENCE AND/OR WAIVER OF DEFENDANT'S PRESENCE P.1OF2
Case 2:20-cr-00579-SVW Document 268 _ Filed 04/08/21 Page 2 (moe nn ID

I have translated this consent/waiver to the Defendant in the Mv WUfe b4 yi (Leuk 4

mon

Date Interpreter (if required)
Signed for Interpreter by Counsel for Defendant with

O Interpreter's Authorization [Check if applicable]

Tam counsel for the Defendant herein. Prior to the Defendant signing this document or authorizing me to sign this document on the
Defendant's behalf, I fully advised the Defendant of the Defendant's above-referenced rights and consulted with the Defendant
regarding such rights and the Defendant's consent/waiver(s). I believe that the Defendant understands such rights and that the
Defendant's consent/waiver(s) are knowing and voluntary, and I concur with such consent/waiver(s).

04/08/2021 / ; ee a
Date Counsel for Defe dant eo
— &
ao

3. Proposed Findings Regarding Harm of Further Delay of Felony Plea or Sentencing

Pursuant to § 15002(b)(2) of the Coronavirus Aid, Relief, and Economic Security ("CARES") Act and § 2 of Order of the Chief Judge
No. 20-043 (In Re: Coronavirus Public Emergency Use of Video and Telephonic Conference in Certain Criminal Proceedings), felony
pleas and sentencings cannot be conducted other than in person in open court unless the judge makes specific findings that the plea
or sentencing "cannot be further delayed without serious harm to the interests of justice." Accordingly, if the defendant intends to
consent to a felony plea or sentencing taking place by video conference or, if video conference is not reasonably available, by
telephonic conference, instead of in person in open court, the defendant must set forth below proposed findings sufficient to make

this showing.

4, Order Adopting Findings Regarding Harm of Further Delay of Felony Plea or Sentencing

Pursuant to § 15002(b)(2) of the Coronavirus Aid, Relief, and Economic Security ("CARES") Act and § 2 of Order of the Chief Judge
No. 20-043 (In Re: Coronavirus Public Emergency Use of Video and Telephonic Conference in Certain Criminal Proceedings), I

hereby find that the:
[_] Felony Plea (Fed. R. Crim. P. 11) [_] Felony Sentencing (Fed. R. Crim. P. 32)

in this case cannot be further delayed without serious harm to the interests of justice, for the reasons set forth above.

Date United States District Judge

CR-029 (08/20) CONSENT TO VIDEO/TELEPHONIC CONFERENCE AND/OR WAIVER OF DEFENDANT'S PRESENCE P.2 OF 2

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