Filed: Jan. 08, 2020
Latest Update: Jan. 08, 2020
Summary: ORDER ROBERT J. CONRAD, JR. , District Judge . THIS MATTER is before the Court upon the defendant's pro se motion to withdraw his plea, (Doc. No. 33), and former counsel's motion to continue the sentencing hearing scheduled January 14, 2020, (Doc. No. 34). The defendant claims his plea was the product of duress and ineffective assistance of appointed counsel. (Doc. No. 33). However, Local Criminal Rule 47.1(g) requires motions to be filed by counsel unless a defendant has formally waived
Summary: ORDER ROBERT J. CONRAD, JR. , District Judge . THIS MATTER is before the Court upon the defendant's pro se motion to withdraw his plea, (Doc. No. 33), and former counsel's motion to continue the sentencing hearing scheduled January 14, 2020, (Doc. No. 34). The defendant claims his plea was the product of duress and ineffective assistance of appointed counsel. (Doc. No. 33). However, Local Criminal Rule 47.1(g) requires motions to be filed by counsel unless a defendant has formally waived h..
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ORDER
ROBERT J. CONRAD, JR., District Judge.
THIS MATTER is before the Court upon the defendant's pro se motion to withdraw his plea, (Doc. No. 33), and former counsel's motion to continue the sentencing hearing scheduled January 14, 2020, (Doc. No. 34).
The defendant claims his plea was the product of duress and ineffective assistance of appointed counsel. (Doc. No. 33). However, Local Criminal Rule 47.1(g) requires motions to be filed by counsel unless a defendant has formally waived his right to counsel before a judicial officer. Following that accusation, appointed counsel moved to withdraw from further representation and to continue the upcoming sentencing hearing pending appointment of new counsel. (Doc. No. 34). The assigned magistrate judge granted the motion to withdraw and ordered that new counsel be appointed as soon as possible. (Doc. No. 35).
IT IS, THEREFORE, ORDERED that the motions to withdraw plea, (Doc. No. 33), and to continue the sentencing hearing, (Doc. No. 34), are DENIED without prejudice to be re-filed if deemed advisable by new counsel.
The Clerk is directed to certify copies of this order to the defendant, counsel for the defendant, to the United States Attorney, the United States Marshals Service, and the United States Probation Office.
