USA v. Contreras et al

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ERIC V. KERSTEN, CA Bar #226429
Attorney at Law
1125 T Street
Fresno, CA 93721
Telephone: (559) 326-6258
eric@kerstenlegal.com
Attorney for Defendant
JOSE CONTRERAS
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA,
Plaintiff,
v.
JOSE CONTRERAS,
Defendant.
Case No. 1:24-CR-00295-KES-EPG
DEFENDANT JOSE CONTRERAS’
REQUEST AND WAIVER OF
PERSONAL APPEARANCE
Judge: Hon. Erica P. Grosjean
Pursuant to Fed. R. Crim. P. 43(b)(3), Defendant JOSE CONTRERAS, having been
advised of his right to be present at all stages of the proceedings, hereby requests that this Court
proceed in his absence on every occasion that the Court may permit, pursuant to this waiver.
Defendant agrees that his interests shall be represented at all times by the presence of his
attorney, Eric V. Kersten, the same as if Defendant were personally present, and requests that
this court allow his attorney-in-fact to represent his interests at all times. Defendant further
agrees that notice to Defendant's attorney that Defendant's presence is required will be deemed
notice to the Defendant of the requirement of his appearance at said time and place.
Mr. Contreras resides in Bakersfield and it has previously been established that lives with
significant physical limitations related to his spinal muscular atrophy type II and neuromuscular
scoliosis. He has never been able to walk, and due to his bodily limitations he has required his
Case 1:24-cr-00295-KES-EPG Document 137 Filed 10/13/26 Page 1 of 2

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Jose Contreras: Rule 43 Waiver
of Personal Appearance
family’s assistance throughout his entire life to feed, bathe, and physically move him to and from
his wheelchair to regularly obtain the needed level of movement to manage his pain. (See ECF
84: 6-11). For these reasons he is requesting that his personal presence be waived at the
upcoming status conference.
Respectfully submitted,
DATED: October 1, 2026 /s/ Anthony Chavez
ANTHONY CHAVEZ
Anthony Chavez
Defendant
(Original signature will be retained on file.)
DATED: October 1, 2026 /s/ Eric V. Kersten
ERIC V. KERSTEN
Attorney for Defendant
JOSE CONTRERAS
ORDER
IT IS SO ORDERED. Defendant Jose Contreras is hereby excused from appearing in
person at the status conference hearing scheduled for Wednesday, October 14, 2026.
IT IS SO ORDERED.
Dated: October 13, 2026 /s/
UNITED STATES MAGISTRATE JUDGE
Case 1:24-cr-00295-KES-EPG Document 137 Filed 10/13/26 Page 2 of 2