WAIVER of Personal Appearance at Arraignment and Entry of Plea of Not Guilty by Diop… — USA v. McKenzie (Dkt. 16)

Record facts

U.S. District Court for the Middle District of Florida · No. 2:23-cr-00088 · Doc. 16 · 2023-09-22 · Docket on CourtListener

Summary

A waiver of the defendant's presence at arraignment and entry of a not guilty plea in United States v. Diop McKenzie, No. 2:23-cr-00088, in the U.S. District Court for the Middle District of Florida, filed September 22, 2023 as Document 16. In it the defendant waives his right to be present at arraignment, enters a plea of not guilty to the charges and states that he has received a copy of the Indictment. A consent page for United States Magistrate Judge Kyle C. Dudek accepts the waiver, directs that the plea be received for filing and states that discovery will be addressed by separate order. A request for discovery gives notice that the defendant will participate in all discovery allowed by the Federal Rules of Criminal Procedure. The four-page filing is signed by defense counsel Russell K. Rosenthal, an Assistant Federal Defender, and closes with a certificate of service.

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Full text

IN Tl lJ.. l 
ITEl> Sl \ TES l>IS I ltlC J' COUltT 
Mll)l>I.E l>lSTlllCT 01 FLORIDA 
l·OH.T MYERS lll\llSIOS 
llNll'EI) STATES OJ. AMi♦:HICA 
v. 
Ca.~c No. 2:23-cr-88-SPC-KCI> 
DIOP MCKF.NZIE. 
WAIVER OF DEFENDANT'S PRESENCE AT ARRAIGNMENT 
AND ENTRY Of,' NOT GUii.TY Pl.EA 
I, Diop McKenzie. the above-named dcfcndMt. do hereby waive my right lll 
be present at Arraignment .1nd enter a plea of not guilty to the charges. I hereby state 
that I have received a copy of the lndiclmcnl. 
~~ 
Diop McKcn,jc 
Defendant 
/l- --r_ 
Russell K. Rosenthal, Esq. 
Counsel for Defendant 
Case 2:23-cr-00088-SPC-K_D     Document 16     Filed 09/22/23     Page 1 of 4 PageID 48

CONSENT TO WAIVER OF DEFENDANT'S 
PRESENCE AT ARRAIGNMENT 
AND RECEIPT OF PLEA OF NOT GUILTY 
I hereby accept the Waiver of Defendant's Presence at Arraignment and Entry 
of Not Guilty Plea and direct that the plea of not guilty be received for filing. The 
matter of discovery will be addressed by separate order. 
Date 
Honorable Kyle C. Dudek 
United States Magistrate Judge 
Case 2:23-cr-00088-SPC-K_D     Document 16     Filed 09/22/23     Page 2 of 4 PageID 49

REQUEST FOR DISCOVERY 
COMES NOW, Diop McKenzie, by and through undersigned attorney, and 
hereby gives notice that he will participate in all discovery allowed by the Federal 
Rules of Criminal Procedure, in the above-captioned cause. 
Ru~ 
K1
osentha!, Esq. 
Florida Bar No. 319244 
Assistant Federal Defender 
2075 West First Street, Suite 300 
Ft. Myers, Florida 33901 
Telephone: 239-334-0397 
Fax: 239-334~4109 
Case 2:23-cr-00088-SPC-K_D     Document 16     Filed 09/22/23     Page 3 of 4 PageID 50

CERTIFICATE OF SERVICE 
J HEREBY CERTIFY that on this 22nd day of September 2023, a true and 
correct copy of the foregoing was filed with the Clerk of the Court using the 
CM/ECF. which will send a notice of the electronic filing to: 
Yolande Viacava, AUSA 
Rus:i K. Zsenthal, Esq. 
Assistant Federal Defender 
Case 2:23-cr-00088-SPC-K_D     Document 16     Filed 09/22/23     Page 4 of 4 PageID 51

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