Order — United States v. Sheng-Wen Cheng (S.D.N.Y., Dkt. 13, April 5, 2021)
Summary
Document 13, filed April 5, 2021, in Case 1:20-mj-08698-UA, in the U.S. District Court for the Southern District of New York: an Order by District Judge Alison J. Nathan in United States of America v. Sheng-Wen Cheng, 20-mj-8698 (AJN). The order sets an arraignment and change-of-plea hearing for April 20, 2021, at 3:00 p.m., says the Court will request a videoconference proceeding, and tells defense counsel to return the attached waiver of physical presence if the Defendant wishes to waive that right. The attached form, Waiver of Right to Be Present at Criminal Proceeding, has sections headed Arraignment, Conference and Change of Plea, with signature lines for the defendant, defense counsel and the judge.
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Cite this document
“Order — United States v. Sheng-Wen Cheng (S.D.N.Y., Dkt. 13, April 5, 2021).”
Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-1-20-mj-08698-dkt-13-s-d-n-y-294e3354a4/
, SHA-256 fa9522e4494276fa708bca19bf2246695b034137cb1236ac2b4e53e23e4b4478.Full text
Case 1:20-mj-08698-UA Document 13 Filed 04/05/21 Page 1 of 3
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
4/5/2021
United States of America,
–v– 20-mj-8698 (AJN)
ORDER
Sheng-Wen Cheng,
Defendant.
ALISON J. NATHAN, District Judge:
An arraignment and change-of-plea hearing in this matter is set for April 20, 2021, at
3:00 p.m. The Court will request a videoconference proceeding for that time and inform the
parties once the time of the proceeding is confirmed. The parties should inform the Court if they
have any issues with that date or time. If the Defendant wishes to waive his right to physical
presence at the proceeding, defense counsel should return the attached waiver of physical
presence. Defense counsel may sign for the Defendant if authorized by the Defendant to do so.
SO ORDERED.
Dated: April 5, 2021 __________________________________
New York, New York ALISON J. NATHAN
United States District Judge
Case 1:20-mj-08698-UA Document 13 Filed 04/05/21 Page 2 of 3
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐X
UNITED STATES OF AMERICA
WAIVER OF RIGHT TO BE PRESENT AT
‐v‐ CRIMINAL PROCEEDING
, ( )‐cr‐( ) (AJN)
Defendant.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐X
Check Proceeding that Applies
____ Arraignment
I have been given a copy of the indictment containing the charges against me and have reviewed it with
my attorney. I understand that I have a right to appear before a judge in a courtroom in the Southern
District of New York to confirm that I have received and reviewed the indictment; to have the indictment
read aloud to me if I wish; to enter a plea of either guilty or not guilty before the judge; and to have an
attorney beside me as I do. By signing this document, I wish to advise the court that after consultation
with my attorney I willingly give up my right to appear in person before the judge for my arraignment. By
signing this document, I also wish to advise the court that I willingly give up any right I might have to have
my attorney next to me for my arraignment so long as the following conditions are met. I want my
attorney to be able to participate in the proceeding and to be able to speak on my behalf during the
proceeding. I also want the ability to speak privately with my attorney at any time during the proceeding if
I wish to do so.
Date: ____________________________
Signature of Defendant
____________________________
Print Name
____ Conference
I have been charged in an indictment with violations of federal law. I understand that I have a right to be
present at all conferences concerning this indictment that are held by a judge in the Southern District of
New York, unless the conference involves only a question of law. I understand that at these conferences
the judge may, among other things, 1) set a schedule for the case including the date at which the trial will
be held, and 2) determine whether, under the Speedy Trial Act, certain periods of time should be properly
excluded in setting the time by which the trial must occur. I have discussed these issues with my attorney
and wish to give up my right to be present at the conferences. By signing this document, I wish to advise
the court that I willingly give up my right to be present at the conferences in my case for the period of
time in which access to the courthouse has been restricted on account of the COVID‐19 pandemic. I
request that my attorney be permitted to represent my interests at the proceedings even though I will not
be present.
Date: ____________________________
Signature of Defendant
____________________________
Print Name
Case 1:20-mj-08698-UA Document 13 Filed 04/05/21 Page 3 of 3
____ Change of Plea
I am aware that I have been charged with violations of federal law. I have consulted with my attorney
about those charges. I have decided that I wish to enter a plea of guilty to certain charges. I understand I
have a right to appear before a judge in a courtroom in the Southern District of New York to enter my plea
of guilty and to have my attorney beside me as I do. I am also aware that the public health emergency
created by the COVID‐19 pandemic has interfered with travel and restricted access to the federal
courthouse. I have discussed these issues with my attorney. By signing this document, I wish to advise the
court that I willingly give up my right to appear in person before the judge to enter a plea of guilty. By
signing this document, I also wish to advise the court that I willingly give up any right I might have to have
my attorney next to me as I enter my plea so long as the following conditions are met. I want my attorney
to be able to participate in the proceeding and to be able to speak on my behalf during the proceeding. I
also want the ability to speak privately with my attorney at any time during the proceeding if I wish to do
so.
Date: ____________________________
Signature of Defendant
____________________________
Print Name
I hereby affirm that I am aware of my obligation to discuss with my client the charges contained in the indictment,
my client’s rights to attend and participate in the criminal proceedings encompassed by this waiver, and this
waiver form. I affirm that my client knowingly and voluntarily consents to the proceedings being held in my
client’s absence. I will inform my client of what transpires at the proceedings and provide my client with a copy of
the transcript of the proceedings, if requested.
Date: ____________________________
Signature of Defense Counsel
____________________________
Print Name
Addendum for a defendant who requires services of an interpreter:
I used the services of an interpreter to discuss these issues with the defendant. The interpreter also translated this
document, in its entirety, to the defendant before the defendant signed it. The interpreter’s name is:
_______________________.
Date: _________________________
Signature of Defense Counsel
Accepted: ________________________
Signature of Judge
Date:
2
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