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United States v. Garner

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


January 5, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
DANNY S. GARNER, DEFENDANT.

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

ORDER

This matter comes before the Court on the defendant's pro se motion for a reduction in sentence pursuant to 18 U.S.C. § 3582(c)(2) (Doc. 38). The defendant filed this motion pro se, although he is represented by the Federal Public Defender 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. 38) be STRICKEN.

IT IS SO ORDERED.

20090105

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