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United States of America v. Demarko Steward

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


September 12, 2012

UNITED STATES OF AMERICA, PLAINTIFF,
v.
DEMARKO STEWARD, DEFENDANT.

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

MEMORANDUM AND ORDER

This matter comes before the Court on defendant DeMarko Steward's pro se motions for a reduction of his criminal sentence pursuant to 18 U.S.C. § 3582(c)(2) and United States Sentencing Guidelines Manual ("U.S.S.G.") § 1B1.10 (Doc. 65) and for appointment of counsel (Doc. 66).

Steward's motion for appointment of counsel (Doc. 66) is DENIED as moot. He is represented by Assistant Federal Public Defender Judith Kuenneke, who was appointed on January 23, 2012, to represent him in his quest for a sentence reduction (Doc. 64).

Steward filed his motion for a reduction pro se, although, as noted above, he is represented by counsel. 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). "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 matters at trial and in other proceedings and, therefore, it is forbidden. See United States v. Oreye, 263 F.3d 669, 672-73 (7th Cir. 2001). The Court may strike as improper any such pro se motions. See, e.g., United States v. Gwiazdzinski, 141 F.3d 784, 787 (7th Cir. 1998). The Court hereby ORDERS that Steward's motion (Doc. 65) be STRICKEN.

IT IS SO ORDERED.

J. Phil Gilbert

20120912

© 1992-2012 VersusLaw Inc.



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