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United States v. Carbonell

United States District Court, S.D. New York
Nov 1, 2021
18 Cr. 648 (ER) (S.D.N.Y. Nov. 1, 2021)

Opinion

18 Cr. 648 (ER)

11-01-2021

UNITED STATES OF AMERICA, v. ROBERT CARBONELL, Defendant.


OPINION & ORDER

Edgardo Ramos, U.S.D.J.

Robert Carbonell is currently serving a 72-month sentence at FCI Schuylkill, a medium security prison in Pennsylvania. Before the Court is a pro se motion for his compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A). Doc. 42. The motion was submitted by Gerard Hayes, Carbonell's stepfather who is not an attorney. However, parties cannot be represented by a person who is not an attorney, even when that person is a family member. See Southerland v. Garcia, 483 Fed.Appx. 606, 607 (2d Cir. 2012); Tindall v. Poultney High Sch. Dist., 414 F.3d 281, 284 (2d Cir. 2005). Therefore, Carbonell is directed to file his own motion for compassionate release or to file an affidavit adopting Hayes' motion as his own.

The Clerk of Court is respectfully directed to terminate the motion, docket number 42.

It is SO ORDERED.


Summaries of

United States v. Carbonell

United States District Court, S.D. New York
Nov 1, 2021
18 Cr. 648 (ER) (S.D.N.Y. Nov. 1, 2021)
Case details for

United States v. Carbonell

Case Details

Full title:UNITED STATES OF AMERICA, v. ROBERT CARBONELL, Defendant.

Court:United States District Court, S.D. New York

Date published: Nov 1, 2021

Citations

18 Cr. 648 (ER) (S.D.N.Y. Nov. 1, 2021)