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United States v. Nesby

United States District Court, Seventh Circuit

December 2, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
LARRY ANTHONY NESBY, Defendant.

MEMORANDUM AND ORDER

J. PHIL GILBERT, District Judge.

This matter comes before the Court on defendant Larry Anthony Nesby's pro se motion for sentence reduction (Doc. 252). On July 14, 2011, Nesby filed a pro se motion for retroactive application of the crack cocaine guidelines (Doc. 245). Through Administrative Order 137, this Court appointed counsel for Nesby (Doc. 246). A litigant 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). Accordingly, the Court DIRECTS the Clerk of Court to STRIKE Nesby's pro se filing (Doc. 252). The Court suggests Nesby contact the Federal Public Defender's office for a status update on his case.

IT IS SO ORDERED.


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