UNITED STATES DISTRICT COURT
_________________DISTRICT OF TEXAS
[DIVISION] DIVISION

UNITED STATES OF AMERICA 	     §
§
v.	                                                                 §	NO. [CASE NUMBER]
                                                                      §	  ([Transferring Division]  Cr. No.                           [Transferring Case Number]   
[DEFENDANT]	                                          

WAIVER OF RULE 40 HEARING

	I, [DEFENDANT], the Defendant in the above entitled and numbered case, understand that I have charges that are pending against me in the [Transferring Division] Division of the [Transferring District] District of [Transferring State] alleging a violation of Title [Title No. violation] United States Code §[Section No. violation], to wit: [violated offense] and I understand that I have been arrested in this District and taken before a United States magistrate judge, who has informed me of the charge(s) and my rights to: 1) retain counsel or request the assignment of counsel if I am unable to retain counsel; and (2) an identity hearing to determine whether I am the person named in the charges; [all cases except probation or supervised release] 3) a preliminary examination (unless an indictment has been returned or information filed) to determine whether there is probable cause to believe an offense has been committed by me, the hearing to be held in this District or the district of the prosecution; and 4) request to transfer of the proceedings to this District under Rule 20, Fed. R. Crim. P., in order to plead guilty. [probation or supervised release violation cases]  3) a preliminary hearing (but only if I will be kept in custody, and only to be held in this district if the violation occurred here) to determine whether there is probable cause to believe a violation occurred; and 4) a hearing under Rule 32.1(a)(6), Fed. R. Crim. P., in which I have the burden of establishing my eligibility for release from custody.
	I hereby WAIVE (Give Up) my right to an identity hearing but request a preliminary hearing be held in the prosecuting district if no indictment has been returned or information filed, and, therefore, consent to the issuance of an order requiring my appearance in the prosecuting district where the charges are pending against me.
Date:__________			_______________________________
					Defendant

Respectfully submitted,

						By: _________________________________
						Name
						Address
						Telephone
						State Bar No.
						Attorney for Defendant

CERTIFICATE OF SERVICE
	This is to certify that a true and correct copy of the foregoing waiver has been hand delivered to the Assistant United States Attorney assigned to this case on the ______  day of ___________,
20___.
							____________________________
							Attorney for Defendant