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United States v. Sollenberger

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


November 27, 2007

UNITED STATES OF AMERICA
v.
AVERY L. SOLLENBERGER, DENA SOLLENBERGER, GARY R. SOLLENBERGER, WENDELL D. SOLLENBERGER, AND LUANNE L. HUNSINGER, DEFENDANTS

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 27th day of November, 2007, upon consideration of the correspondence from Attorney Jonathan F. Altman*fn1 dated November 26, 2007, stating that defendants possess insufficient funds to retain substitute counsel, and it appearing that defendants may proceed pro se only if they knowingly and intelligently waive their right to counsel, see generally Faretta v. California, 422 U.S. 806, 814 (1975), but that defendants may be entitled to court-appointed counsel, it is hereby ORDERED that:

1. Defendants shall be permitted to file, on or before December 4, 2007, a response stating whether they elect: (1) to proceed pro se for pretrial and trial purposes, (2) to be represented by court-appointed counsel, or (3) to retain private counsel.

a. Should defendants elect to proceed pro se, a hearing will be held to determine if each defendant's election is competently and intelligently made. See Faretta, 422 U.S. at 814; United States v. Salemo, 61 F.3d 214 (3d Cir. 1995); United States v. Welty, 674 F.2d 185, 186 (3d Cir 1982); see also Johnson v. Zerbst, 304 U.S. 458 (1938).

b. Should defendants elect to be represented by court-appointed counsel, each defendant must file a Financial Affidavit (CJA-23) in support of his or her request for court-appointed counsel.

2. The Clerk of Court is directed to serve a copy of this order and a Financial Affidavit (CJA-23) on each defendant in the above-captioned action.

CHRISTOPHER C. CONNER United States District Judge


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