Opinion
2:12-cr-00463-JCM-VCF
11-15-2013
UNITED STATES OF AMERICA, Plaintiff, v. FREDERICK VERNON WILLIAMS, et al., Defendants.
ORDER
Before the Court is Defendant's Motion to Re-Open Bail. (#127).
A. Background
Defendant made his initial appearance and arraignment and plea on December 13, 2012 and Federal Public Defender was appointed as counsel of record. (#18). Defendant was released on personal recognizance bond with conditions. Defendant pleaded not guilty to Counts 1, 2 and 3. Id. Jury trial was scheduled for February 11, 2013. Id. Jury trial was continued to April 22, 2013. (#31). On January 24, 2013, Defendant was arrested and appeared for initial appearance regarding rev ocation of pretrial release on January 25, 2013. (#37). De fendant was detained and rem anded to custody. Id. Revocation of Pretrial Release was held on February 20, 2013. (#41). Defendant's Pretrial Release was revoked and Defendant was remanded to custody. Id. On April 18, 2013, Defenda nt was arraigned on Indictment and pleaded not guilty to Counts 1-3, 8-23. (#59). Jury trial was set for June 3, 2013. Id. Jury trial was continued to August 19, 2013. (#78). Trial was continued to October 21, 2013. (#104). On October 9, 2013, De fendant filed a Motion to Dismiss Counsel and Motion to Re-Open Bail. (#'s 126 & 127). On October 25, 2013, the Government filed a Response to Defendant's Motion to Re-Open Bail. (#134). Defendant's reply in support of the Motion to Reopen Bail was filed on November 1, 2013. (#136). Trial was continued December 2, 2013. (#137). On November 5, 2013, the Court held a hearing on the Motion to Dismiss Counsel. ( #135). On November 6, 2013, the Court denied Defendant's Motion to Dismiss Counsel (#141), however, Defendant m ay renew his motion to dismiss counsel or invoke his Sixth Amendment right to self-representation by November 12, 2013. (#141).
B. Motion
Defendant filed the instant motion on his own behalf.
C. Discussion
Pursuant to Local Rule IA 10-6( a), "[a] party who has appeared by attorney cannot while so represented appear or act in the case. An attorney who has appeared for a party shall be recognized by the Court and all the parties as having control of the client's case."
Defendant's Motion to Dismiss Counsel (#141) was denied on Nove mber 6, 2013. To date, Defendant has not filed a new Motion to Dismiss Counsel or invoke his Sixth Amendment right to self-representation. The Federal Public Defender is still Defendant's counsel of record (#18). Defendant may not file motions on his own behalf. See Local Rule IA 10-6(a). The motion filed by Defendant as stated above is deemed improper and stricken.
Accordingly,
IT IS ORDERED that Defendant's Motion to Reopen Bail (#127) is hereby STRICKEN.
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CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE