Court filing
Motion to Waive Appearance at Arraignment (Unopposed) by Craig David Davis — USA v. Davis (Dkt. 29, E.D. Va.)
Filed May 21, 2024 in USA v. Davis; one of 63 filings from this case.
Record facts
| Court | U.S. District Court for the Eastern District of Virginia |
|---|---|
| Filed | 2024-05-21 |
U.S. District Court for the Eastern District of Virginia · No. 1:24-cr-00040-PTG · Doc. 29 · 2024-05-21 · Docket on CourtListener
Full text
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division
UNITED STATES OF AMERICA
)
)
v.
)
Case No. 1:24-cr-40
)
CRAIG DAVID DAVIS,
)
Hon. Patricia Tolliver Giles
)
Defendant.
)
Arraignment: May 23, 2024
UNOPPOSED MOTION TO WAIVE APPEARANCE AT ARRAIGNMENT
COMES NOW the defendant, Craig David Davis, through counsel, who states:
1. The government obtained an indictment in this case on February 15, 2024,
charging Mr. Davis with four counts of wire fraud in violation of 18 U.S.C. §
1343. Mr. Davis made his initial appearance in the Eastern District of
California on February 21, 2024, and traveled to this jurisdiction for his
arraignment on March 7, 2024.
2. At the arraignment, the parties sought to certify the case as complex. This
Court granted the parties’ request and set trial for October 22, 2024.
3. Having advised the defense in advance of its intentions, the government
obtained a superseding indictment, which was docketed on Friday May 17,
2024. The superseding indictment adds an additional count relating to the
already charged conduct.
4. Arraignment on the superseding indictment was scheduled for Thursday, May
23, 2024.
Case 1:24-cr-00040-PTG Document 29 Filed 05/21/24 Page 1 of 5 PageID# 152
2
5. Mr. Davis was released on bond conditions in this case and resides in
California. Traveling from California to this jurisdiction on such short notice
for a brief hearing is expensive and logistically complicated.
6. Mr. Davis has received and reviewed a copy of the superseding indictment and
discussed its substance with counsel with whom he has been in regular contact.
He understands that he has a right to be present at the arraignment hearing
on May 23, 2024, but wishes to appear through counsel.
7. Federal Rule of Criminal Procedure 10(b) expressly authorizes a defendant to
waive appearance, with leave of court, at an arraignment.
8. Undersigned counsel has conferred with government counsel, who does not
oppose this motion.
Accordingly, the defense respectfully moves this Court to accept Mr. Davis’s
waiver of appearance at the arraignment hearing on May 23, 2024, and permit him
to appear through counsel instead. An executed waiver signed by Mr. Davis and a
proposed order are attached.
Respectfully submitted,
CRAIG DAVID DAVIS
By Counsel,
Geremy C. Kamens
Federal Public Defender
By:
/s/ Cadence A. Mertz
Cadence A. Mertz
Va. Bar No. 89750
Assistant Federal Public Defender
1650 King Street, Suite 500
Alexandria, Virginia 22314
(703) 600-0840 (tel)
Case 1:24-cr-00040-PTG Document 29 Filed 05/21/24 Page 2 of 5 PageID# 153
3
(703) 600-0880 (fax)
Cadence_Mertz@fd.org
Counsel to Mr. Davis
Case 1:24-cr-00040-PTG Document 29 Filed 05/21/24 Page 3 of 5 PageID# 154
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division
UNITED STATES OF AMERICA
)
)
No. l:24-cr-40
)
V.
)
Hon. Patricia Tolliver Giles
)
CRAIG DAVID DAVIS,
)
Arraignment: May 23, 2024
Defendant.
)
DEFENDANT’S WAIVER OF APPEARANCE AT ARRAIGNMENT
Pursuant to Rule 10(b) of the Federal Rules of Criminal Procedure, the
Defendant, Craig David Davis, and his counsel, Cadence Mertz, Assistant Federal
Public Defender, hereby state that Mr. Davis has received a copy of the Superseding
Indictment, waives formal reading of that Superseding Indictment, enters a plea of
not guilty, requests a trial by jury, and waives his appearance at the arraignment in
this matter.
C
Craig David Davis
Defendant
\
Va. Bar No. 897
Assistant Federal PubR
Office of the Federal Public Defender
1650 Ifing Street, Suite 500
Alexandria, VA
(703)600-0840
(703)600-0880 (fax)
C
I cm
(:c ’ M
e r t vM
I’d. o r a
J^efender
22314
Case 1:24-cr-00040-PTG Document 29 Filed 05/21/24 Page 4 of 5 PageID# 155
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division
UNITED STATES OF AMERICA
)
)
v.
)
Case No. 1:24-cr-40
)
CRAIG DAVID DAVIS,
)
)
Defendant.
)
ORDER
Upon consideration of the Unopposed Motion to Waive Appearance at
Arraignment on the superseding indictment, and for good cause shown, it is hereby
ORDERED that the Motion is GRANTED, and it is
FURTHER ORDERED that the defendant may appear through counsel at the
arraignment scheduled for May 23, 2024.
Entered: ___________, 2024
Alexandria, VA
__________________________
Hon. Patricia Tolliver Giles
United States District Judge
Case 1:24-cr-00040-PTG Document 29 Filed 05/21/24 Page 5 of 5 PageID# 156File and source
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