Consent to Video/Telephonic Conference and Findings — United States v. Carl Bradley Johansson

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A Consent to Video/Telephonic Conference and/or Waiver of Defendant's Presence and Findings/Order, form CR-029, in United States of America v. Carl Bradley Johansson, Case 5:21-cr-00170-JGB, in the United States District Court for the Central District of California, filed 08/27/21 as Document 39. Defense counsel Mark J. Werksman of Werksman Jackson & Quinn LLP is named in the header. In the form, Johansson consents after consultation with counsel to proceed by video conference or telephonic conference, with the box for Felony Pleas (Fed. R. Crim. P. 11) checked. The findings section, dated August 27, 2021, finds that the felony plea cannot be further delayed without serious harm to the interests of justice.

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Case 5:21-cr-00170-JGB Document 39 _ Filed 08/27/21 Pagelof2 PageID#:215

NAME & ADDRESS
Mark J. Werksman, State Bar No. 120767
Werksman Jackson & Quinn LLP
888 West Sixth Street, Fourth Floor
Los Angeles, California 90017

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

CASE NUMBER
UNITED STATES OF AMERICA
PLAINTIEE, 5:21-CR-00170-V AP
Vv.
CARL BRADLEY JOHANSSON
CONSENT TO VIDEO/TELEPHONIC CONFERENCE
USMS Reg. #: AND/OR WAIVER OF DEFENDANT'S PRESENCE

DEFENDANT(S). KX) AND 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, Carl Bradley Johansson , 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.

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

2. Waiver of Defendant's Presence

L » 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) (_] 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
August 26, 2021 NV AW Ie [Pr Cart Je pete ses ;

Date Defendant : Signed for Defendant by Couhsel for Defendant with

x Defendant's Authorization [Check if applicable]

In Custody? For in-custody defendants, SBCSD - CENTRAL DETENTION CENTER
{1 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 5:21-cr-00170-JGB Document 39 _ Filed 08/27/21 Page2of2 PageID#:216

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

Date Interpreter (if required) ; ;
Oo 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 concur with such consent/waiver(s).

Date Counsel for Defendant

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), 1
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.

August 27, 2021
Date

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

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