Waiver of Personal — No. 5:23-cr-00029 (Dkt. 15, W.D.N.C.)

Summary

Waiver of Personal Appearance at Arraignment, Document 15 in Case 5:23-CR-29 in the Western District of North Carolina, Statesville Division, filed 09/01/23 on the court's standard form and dated in September 2023. Under Rule 10 of the Federal Rules of Criminal Procedure the defendant waives personal appearance at arraignment, acknowledging receipt of the indictment or superseding indictment, its review with counsel, understanding of the general nature of the charges and advice of the maximum possible penalties, and with counsel's consent enters a plea to each count and elects whether to waive or request a jury trial. A footnote explains that the waiver does not waive the arraignment itself, that counsel must appear, that the court may decline the waiver under Rule 10(b)(3), and that the form must be filed a full business day before the hearing.

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Full text

                               UNITED STATES DISTRICT COURT
                            WESTERN DISTRICT OF NORTH CAROLINA
                                 STATESVILLE DIVISION
                                              5:23-CR-29
                                   DOCKET NO. Case Number

    UNITED STATES OF AMERICA,                           )
                                                        )
                                                        )
                                                        )
    Vs.                                                 )           WAIVER OF PERSONAL
                                                        )       APPEARANCE AT ARRAIGNMENT
                                                        )
STEVEN  ANDILORO
 Defendant Name,                                        )
                                                        )
                    Defendant.                          )



          IN ACCORDANCE with Rule 10, Federal Rules of Criminal Procedure, the defendant

hereby waives personal appearance at arraignment. 1 Defendant acknowledges receipt of a copy

of the Indictment or Superseding Indictment, that such charging instrument has been reviewed by

defendant with counsel, that defendant understands the general nature of the charges alleged

therein, and that defendant has been advised of the maximum possible penalties.

          Upon the advice and with the consent of counsel, defendant waives the right to be present

at the arraignment and enters a plea of GUILTY/NOT GUILTY to each count and

WAIVES/REQUESTS a jury trial on all counts.

                           ___________________, 23
               ____ day of September
          This 1                               20______.
                                                 23

                                                               _________________________________
                                                               Defendant

                                                               _________________________________
                                                               Counsel for Defendant

1
         Defendant is advised that under Rule 10, waiver of personal appearance at arraignment is not a waiver of the
arraignment itself. Counsel must appear at the arraignment. The court reserves the right, as provided under Rule
10(b)(3), to decline the waiver. Further, this form must be filed within one full business day before the hearing to
enable the judge presiding over the proceeding to determine whether to accept the waiver and to notify the United
States Marshal concerning transportation needs.



          Case 5:23-cr-00029-KDB-DCK Document 15 Filed 09/01/23 Page 1 of 1


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