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U.S. v. HOUGH

United States District Court, W.D. Pennsylvania


September 8, 2005.

UNITED STATES OF AMERICA
v.
DON RAOUL HOUGH.

The opinion of the court was delivered by: TERRENCE F. McVERRY, District Judge

ORDER OF COURT

Presently before the Court is the MOTION TO DISQUALIFY ARNOLD KLEIN; AND MOTION TO APPOINT COUNSEL (Document No. 125) filed pro se by Defendant Don Raoul Hough. For the following reasons, the Motion will be denied.

On March 3, 2005, after a four-day trial, a federal jury convicted Defendant of all five counts contained in the Superseding Indictment.

  On July 14, 2005, the Court sentenced Mr. Hough to a term of imprisonment of 600 months, i.e., 50 years.*fn1 On July 18, 2005, Mr. Hough filed his Notice of Appeal and his Motion for In Forma Pauperis was granted by the Court. Mr. Hough's appeal is currently pending before the Court of Appeals for the Third Circuit at Docket Nos. 05-3241 and 05-3251.

  On September 6, 2005, Defendant filed the instant motion in which he requests this Court to disqualify his appellate counsel and to appoint new counsel. A request for counsel on appeal must be determined by the Court of Appeals. Accordingly, Mr. Hough's request for the disqualification of his appellate counsel and the appointment of new counsel must be denied as not properly before the Court. Defendant should refile his request for disqualification and new counsel with the Court of Appeals for the Third Circuit.

  Based on the foregoing, all the records, files and proceedings in this matter, it is hereby ORDERED on this 8th day of September, 2005, that Defendant's Motion to Disqualify Arnold Klein; and Motion to Appoint Counsel is DENIED.

20050908

© 1992-2005 VersusLaw Inc.



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