Opinion
1:09 CR 23.
May 19, 2009
ORDER
THIS MATTER is before the court upon the defendant's pro se "Motion for Separate Trial" (129).
Because the defendant is currently represented by counsel, his pro se motion will be denied. United States v. D'Amario, 2008 WL 624768 at *1, 2008 U.S. App. LEXIS 5079 at *4 (3d Cir. 2008) (holding that district courts are not obligated to consider pro se motions from a defendant who is represented by counsel because "[t]he Constitution does not confer a right to proceed simultaneously by counsel and pro se"). The defendant is instructed to communicate with the court only through his attorney.
ORDER
IT IS, THEREFORE, ORDERED that the defendant's pro se "Motion for Separate Trial" (#129) is hereby DENIED without prejudice.