CONSENT to Video Conference/Telephonic Conference filed by Defendant Hassan Kanyike — USA v. Kanyike (Dkt. 8)

Record facts

U.S. District Court for the Central District of California · No. 2:20-mj-05936-DUTY · Doc. 8 · 2020-12-09 · Docket on CourtListener

Summary

A consent to video or telephonic conference and waiver of defendant's presence form (CR-029) filed December 9, 2020 by defendant Hassan Kanyike in United States v. Kanyike, No. 2:20-mj-05936-DUTY, in the U.S. District Court for the Central District of California. In the form, the defendant consents after consultation with counsel to listed proceedings taking place by video conference or, if that is not reasonably available, by telephonic conference. The form lists proceedings such as detention hearings under 18 U.S.C. Sec. 3142, initial appearance, preliminary hearing and arraignment. It includes a counsel certification, and sections for proposed findings and an order under § 15002(b)(2) of the CARES Act and Order of the Chief Judge No. 20-043 for felony pleas and sentencings. The two-page form is signed by the defendant and dated 12/9/2020.

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Full text

NAME &ADDRESS 
""'' "''=' n'~ r COURT
DEBORAH E. GONZALEZ 
(Bar No. 310153)
Deputy Federal Public Defender 
DEC — 9 ~~
321 E. 2nd Street, Los Angeles, CA 90012
(Deborah_Gonzalez@fd.org), (213) 894-7867 
HYNT~+~D►STR TOF ~,;_;~
UNITED STATES DISTRICT COURT 
-_=----~
CENTRAL DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA 
CASE NUIv1BER
PLAINTIFF, 
20-mj-05936
V.
HASSAN KANYIKE 
CONSENT TO VIDEO/TELEPHONIC CONFERENCE
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, Hassan Kanyike 
, 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 Hearings) (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 Hearings) (18 U.S.C. Sec. 3142)
Preliminary Hearing (Fed. R. Crim. P. S.1)
Pretrial Release Revocation Proceedings (18 U.S.C. Sec. 3148)
Misdemeanor Pleas and Sentencings (Fed. R. Crim. P. 43(b)(2))
Probation and Supervised Release Revocation Proceedings (Fed. R. Crim. P. 32.1)
12/9/2020
Date
/s/ Hassan Kanvike
Waiver of Indictment (Fed. R. Crim. P. 7(b))
Appearances under Fed. R. Crim. P. 40
Defendant 
Signed for Defendant by Counsel for Defendant with
Defendant's Authorization [Check if applicable]
CR-029 (06/20) 
CONSENT TO VIDEO/TELEPHONIC CONFERENCE AND/OR WAIVER OF DEFENDANT'S PRESENCE 
P. 1 OF 2
Case 2:20-mj-05936-DUTY     Document 8     Filed 12/09/20     Page 1 of 2   Page ID #:42

I have translated this consent/waiver to the Defendant in the
language.
Date 
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 concur with such consent/waiver(s).
12/9/2020
Date
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 g 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), 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 (06/20) 
CONSENT TO VIDEO/TELEPHONIC CONFERENCE AND/OR WAIVER OF DEFENDANT'S PRESENCE 
P. 2 OF 2
Counsel for Defendant
Case 2:20-mj-05936-DUTY     Document 8     Filed 12/09/20     Page 2 of 2   Page ID #:43

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