CONSENT to Video Conference/Telephonic Conference filed by Defendant Artur Ayvazyan.… — USA v. Ayvazyan et al (Dkt. 11)

Record facts

U.S. District Court for the Central District of California · No. 2:20-cr-00579-SVW · Doc. 11 · 2020-11-06 · Docket on CourtListener

Summary

A Form CR-029 consent to video or telephonic conference filed November 6, 2020 by defendant Artur Ayvazyan in United States v. Ayvazyan, No. 2:20-cr-00579-SVW, in the U.S. District Court for the Central District of California, Doc. 11. The form's caption carries the case number 20-mj-5321. In it, the defendant states that after consultation with counsel he consents to listed proceedings taking place by video conference, or by telephone if video is not reasonably available. The consent section marks Detention/Bail Review/Reconsideration Hearings under 18 U.S.C. Sec. 3142 and the Initial Appearance under Fed. R. Crim. P. 5. The form also contains a waiver-of-presence section, a certification by counsel, and blank proposed findings and order sections for felony pleas and sentencings under the CARES Act and Order of the Chief Judge No. 20-043.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

NAME &ADDRESS
Nadine C. Hettle SBN 149842
Office of the Federal Public Defender
321 E. 2nd Street, LA, CA 90012
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CASE NUMBER
UNITED STATES OF AMERICA
PLAINTIFF, 
20-mj-5321
v.
ARTUR AYVAZYAN
CONSENT TO VIDEO/TELEPHONIC CONFERENCE
usMs Reg. #: 
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, Artur Ayvazyan 
,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:
K
X Detention/Bail Review/Reconsideration Hearings) (18 U.S.C. Sec. 3142) 
❑X 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(6)(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 Hearings) (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) 
~ 
W 
fiver of I ictment (Fed. R. Crim. P. 7(b))
Misdemeanor Pleas and Sentencings (Fed. R. Crim. P. (b)( ) 
~ peara 
under Fed. R. Crim. P. 40
11-6-2020
Date 
D e dant 
e for of d t by Counsel for Defendant with
efen ant's Autho ization [Check if applicable]
In Custody? 
For in-custody defendants,
Yes ~ 
No 
list institution where housed:
CR-029 (08/20) 
CONSENT TO VIDEO/TELEPHONIC CONFERENCE AND/OR WAIVER OF DEFENDANT'S PRESENCE 
P. 1 OF 2
Case 2:20-cr-00579-SVW     Document 11     Filed 11/06/20     Page 1 of 2   Page ID #:36

I have translated this consent/waiver to the Defendant in the
Date
language.
Interpreter (if required)
Signed for Interpreter by Counsel for Defendant with
Interpreter's Authorization [Check if applicable]
I am 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 conc}~ with such consent/waiver(s)./
11-6-20
Date
L~
3. Proposed Findings Regarding Harm of Further Delay of Felony Plea or Sentencing
Pursuant to 4 15002(b)(2) of the Coronavirus Aid, Relief, and Economic Security ("CARES") Act and 4 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 4 15002(b)(2) of the Coronavirus Aid, Relief, and Economic Security ("CARES") Act and g 2 of Order of the Chief Judge
No. 20-043 (In Re: Coronavirus Public Emergenry 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
Case 2:20-cr-00579-SVW     Document 11     Filed 11/06/20     Page 2 of 2   Page ID #:37

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