Opinion
Case No. 10-CR-20705
02-19-2013
UNITED STATES OF AMERICA, Plaintiff, v. FATIMA HOUSSEIN TOUFAILI, Defendant.
ORDER STRIKING PRO SE MOTION
Before the court is a motion to reconsider the sentencing and withdraw the plea agreement, filed pro se by Fatima Houssein Toufaili. The court will strike the motion because, at the time of the filing, Defendant was represented by counsel. Thus, all filings must be made by the attorney of record.
Defendant is not entitled to represent herself while simultaneously represented by counsel. A criminal defendant has the right to appear pro se or by counsel, a right protected both by the Sixth Amendment to the United States Constitution and by federal statute. See 28 U.S.C. § 1654 ("In all courts of the United States the parties may plead and conduct their own cases personally or by counsel . . . ."); see also Faretta v. California, 422 U.S. 806, 807, 832 (1975); United States v. Daniels, 572 F.2d 535, 540 (5th Cir. 1978); Ennis v. LeFevre, 560 F.2d 1072, 1075 (2nd Cir. 1977); United States v. Williams, 534 F.2d 119, 123 (8th Cir. 1976). This right, however, is disjunctive, thus a party may chose either to represent herself or to appear through an attorney. There is no right to "hybrid" representation that would result in simultaneous or alternating self- representation and representation by counsel. A person represented by counsel must rely upon that counsel. See, e.g., United States v. Olson, 576 F.2d 1267, 1269-70 (8th Cir. 1978); Daniels, 572 F.2d at 540; Ennis, 560 F.2d at 1075; Williams, 534 F.2d at 123; United States v. Hill, 526 F.2d 1019, 1024-25 (10th Cir. 1975); Move Org. v. City of Phila., 89 F.R.D. 521, 523 n.1 (E.D.Pa.1981); United States ex rel. Snyder v. Mack, 372 F.Supp. 1077, 1078-79 (E.D.Pa.1974); cf. Storseth v. Spellman, 654 F.2d 1349, 1352-53 (9th Cir. 1981) (once counsel is appointed, prisoner has no right to assistance from inmate writer). In light of this case law, the court will only accept motions filed by Defendant's attorney of record.
IT IS ORDERED that Defendant Toufaili's February 8, 2013 motion [Dkt. # 595] is hereby STRICKEN from the docket of this court.
______________________
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
I hereby certify that a copy of the foregoing document was mailed to counsel of record on this date, February 19, 2013, by electronic and/or ordinary mail.
Lisa Wagner
Case Manager and Deputy Clerk
(313) 234-5522