Opinion
Criminal Case No. 11-cr-00343-PAB
02-10-2012
UNITED STATES OF AMERICA, Plaintiff, v. 1. JOEL MELKIN BANEGAS-PACHECO, Defendant.
Judge Philip A. Brimmer
ORDER
This matter is before the Court on Motion for Downward Variance [Docket No. 25] filed by defendant pro se on February 8, 2012. When a defendant is represented by counsel, this court will not accept pro se filings from that defendant. See United States v. Nichols, 374 F.3d 959, 964, n.2 (10th Cir. 2004) (citing United States v. Guadalupe, 979 F.2d 790, 795 (10th Cir. 1992)), reviewed on other grounds, 543 U.S. 1113 (2005). In this case, the defendant is represented by counsel. As a result, defendant's pleading is improper. Therefore, it is
ORDERED that the Motion for Downward Variance [Docket No. 25] is STRICKEN.
BY THE COURT:
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PHILIP A. BRIMMER
United States District Judge