CONSENT to Video Conference/Telephonic Conference filed by Defendant Arman… — USA v. Ayvazyan et al (Dkt. 399)

Record facts

U.S. District Court for the Central District of California · No. 2:20-cr-00579-SVW · Doc. 399 · 2021-06-02 · Docket on CourtListener

Summary

A consent to video or telephonic conference form (CR-029) filed June 2, 2021 as Document 399 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. The form records his consent, after consultation with counsel, to proceedings by video conference or, if video is not reasonably available, by telephonic conference. Its proposed findings state that he wants his change of plea hearing held as soon as possible, that delay would cause serious harm to the interests of justice, and ask that the hearing proceed by video conference. The findings rely on § 15002(b)(2) of the CARES Act and Order of the Chief Judge No. 20-043. The two-page form includes a counsel certification dated June 2, 2021 and a blank proposed order for the district judge.

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Full text

Case 2:20-cr-00579-SVW Document 399 _ Filed 06/02/21 Pageiof2 Page!D
#:4136
NAME & ADDRESS
Jilbert Tahmazian
1518 W. Glenoaks Blvd.
Glendale CA, 91202

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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

[_] Pretrial Release Revocation Proceedings (18 U.S.C. Sec. 3148) R. Crim. P. 7(b))
["] Misdemeanor Pleas and Sentencings (Fed. R. Crim. P. 43(b)(2)) ed. R. Crim. P. 40

June 2nd, 2021

Date Defendant i efendant by Counsel for Defendant with

ndant's Authorization [Check if applicable]

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 399 _ Filed 06/02/21 Page2of2 PageID
#:4137

I have translated this consent/waiver to the Defendant in the language.

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 con iyer(s).

June 2nd, 2021
Date Couns

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.

Defendant Arman Hayrapetyan, desires to have his change of plea hearing to be held as soon as possible. Defendant agrees that
delaying his change of plea hearing will cause serious harm to the interests of justice and therefore he respectfully requests that
the change of plea hearing may proceed via video conference.

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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