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United States v. Johns

April 2, 2008

UNITED STATES OF AMERICA, PLAINTIFF,
v.
KENNETH JOHNS, DEFENDANT.



The opinion of the court was delivered by: J. Phil Gilbert District Judge

MEMORANDUM AND ORDER

This matter comes before the Court on the pro se motion of defendant Kenneth Johns for a reduction in sentence pursuant to 18 U.S.C. § 3582(c)(2) (Doc. 273). Johns filed this motion pro se, although he is represented by attorney Judith Kuenneke in connection with a potential sentence reduction under § 3582(c)(2). A defendant does not have a right to file his own motions when he is represented by counsel. See Hayes v. Hawes, 921 F.2d 100, 102 (7th Cir. 1990) (per curiam). "The right to representation by counsel and self-representation are mutually exclusive." Cain v. Peters, 972 F.2d 748, 750 (7th Cir.1992). So-called "hybrid representation" confuses and extends proceedings and, therefore, it is forbidden. See United States v. Oreye, 263 F.3d 669, 672-73 (7th Cir.2001). Therefore, the Court ORDERS the defendant's pro se motion (Doc. 273) be STRICKEN.

IT IS SO ORDERED.

20080402

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