Opinion
CRIMINAL NO. 1:11-CR-0077-03
04-05-2012
UNITED STATES OF AMERICA v. EDGAR RAMOS
(Judge Conner)
ORDER
AND NOW, this 5th day of April, 2012, upon consideration of the motion to withdraw plea (Doc. 176) filed pro se by defendant Edgar Ramos ("Ramos"), and it appearing that Ramos is represented by counsel, John A. Abom, Esquire, but filed the instant motion without assistance therefrom, see United States v. D'Amario, 268 F. App'x 179, 180 (3d Cir. 2008) ("The Constitution does not confer a right to proceed simultaneously by counsel and pro se . . . ."); see also United States v. Vampire Nation, 451 F.3d 189, 206 n.17 (3d Cir. 2006), it is hereby ORDERED that the motion to withdraw plea (Doc. 176) is DENIED without prejudice to defendant's right to file motions seeking similar relief with the assistance of counsel.
This is Ramos's second pro se motion to withdraw his guilty plea in which he alleges that his guilty plea was the result of misrepresentations by counsel. (See Doc. 171). In response to the allegations in the first pro se motion, Ramos's court-appointed counsel sought to withdraw. (Doc. 175). Finding an irreparable breakdown in the attorney-client relationship, the court granted that request, and on April 4, 2012, the court appointed new counsel to represent Ramos. (See Doc. 177). Ramos is directed to consult with Attorney Abom regarding his desire to withdraw his guilty plea.
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CHRISTOPHER C. CONNER
United States District Judge