United States District Court, W.D. Pennsylvania
September 8, 2005.
UNITED STATES OF AMERICA
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
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.
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