U.S. v. Lubers, CR10-103RAJ. (2019)
Court: District Court, D. Washington
Number: infdco20190529i41
Visitors: 9
Filed: May 28, 2019
Latest Update: May 28, 2019
Summary: ORDER RICHARD A. JONES , District Judge . Before the Court are the following motions, which have been filed by Defendant Sebastian Larry Lubers: 1. Motion Regarding 7-Month Reduction in Sentence Due to Violation of Plea Agreement and Criminal History Category III (Dkt. #222); 2. Motion Requesting a Certificate of Appealability, or Granting Appeal in 9th Circuit if Defendant's Motion Pro Se (Dkt. #222) to Reduce Sentence Due to Violation of Plea Agreement and Change of Criminal History Sco
Summary: ORDER RICHARD A. JONES , District Judge . Before the Court are the following motions, which have been filed by Defendant Sebastian Larry Lubers: 1. Motion Regarding 7-Month Reduction in Sentence Due to Violation of Plea Agreement and Criminal History Category III (Dkt. #222); 2. Motion Requesting a Certificate of Appealability, or Granting Appeal in 9th Circuit if Defendant's Motion Pro Se (Dkt. #222) to Reduce Sentence Due to Violation of Plea Agreement and Change of Criminal History Scor..
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ORDER
RICHARD A. JONES, District Judge.
Before the Court are the following motions, which have been filed by Defendant Sebastian Larry Lubers:
1. Motion Regarding 7-Month Reduction in Sentence Due to Violation of Plea Agreement and Criminal History Category III (Dkt. #222);
2. Motion Requesting a Certificate of Appealability, or Granting Appeal in 9th Circuit if Defendant's Motion Pro Se (Dkt. #222) to Reduce Sentence Due to Violation of Plea Agreement and Change of Criminal History Score is Denied (Dkt. #224);
3. Motion for Reconsideration of Defendant's Motion Requesting All Motions and Hearings to be Sealed (Dkt. #225);
4. Motion for Reduction in Sentence Beyond the 7-Month Relief Requested (Dkt. #226);
5. Motion Requesting a Hearing and To Be Able to Be Heard Orally (Dkt. #226-1);
6. Unopposed Motion for Reduced Sentence for Violation of Plea Agreement and Criminal History Category Level III (Dkt. #230);
7. Motion Requesting a Hearing Because Motions by Government Are Making Argument Confusing and Its Subject is Violation of Plea Agreement Unopposed Motion (Dkt. #232); and
8. Motion — Attorney Terrence Kellogg Unopposed Motion of Government's Violation of Plea Agreement, Placed Before the Court 3/31/2017 (Dkt. #233).
Mr. Lubers is represented by counsel, Terrence Kellogg. As such, Mr. Lubers may not file further pro se motions unless he complies with the requirements of Local Civil Rule 83.2(b)(5). See Local Rules W.D. Wash. LCrR 1(a) (adopting Local Rules W.D. Wash. LCR 83.2(b) for criminal proceedings); Local Rules W.D. Wash. LCR 83.2(b)(5) (requiring a represented party that seeks to appear or act pro se to "request[] by motion to proceed on his or her own behalf, certif[y] in the motion that he or she has provided copies of the motion to his or her current counsel and to the opposing party, and [receive from the court] an order of substitution by the court terminating the party's attorney"); see also United States v. Halbert, 640 F.2d 1000, 1009 (9th Cir. 1981) ("A criminal defendant does not have an absolute right to both self-representation and the assistance of counsel. . . . Whether to allow hybrid representation remains within the sound discretion of the trial judge."); United States v. Durden, 673 F.Supp. 308, 309 (N.D. Ind. 1987) (citing Halbert, 640 F.2d at 1009) (exercising the discretion to decline to consider a represented criminal defendant's pro se motion). The Court directs Mr. Lubers to contact his counsel to discuss the relief he requests.
Because Mr. Lubers continues to improperly file motions pro se, the Court STRIKES the above motions from the docket.
Source: Leagle
