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United States v. Avila

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


August 15, 2008

UNITED STATES OF AMERICA,
v.
ANTONIO AVILA

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 15th day of August, 2008, upon consideration of defendant's motion (Doc. 794), which seeks an order of court dismissing the pending criminal charges pursuant to Rule 600 of the Pennsylvania Rules of Criminal Procedure,*fn1 see PA. R. CRIM. P. 600 (setting forth speedy trial requirements for criminal defendants charged by the Commonwealth of Pennsylvania), and it appearing that the Pennsylvania Rules of Criminal Procedure are inapplicable to defendant, who has been charged in federal court,*fn2 see (Doc. 77), and that defendant is represented by counsel 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:

1. The motion is DENIED without prejudice to defendant's right to file a motion seeking similar relief with the assistance of counsel.

2. The Clerk of Court is instructed to transmit copies of defendant's motion and this order to defendant's counsel of record via first class mail.

CHRISTOPHER C. CONNER United States District Judge


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