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United States v. Foster

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


January 29, 2009

UNITED STATES OF AMERICA,
v.
COREY ANTOINE FOSTER

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 29th day of January, 2009, upon consideration of defendant's pro se motion (Doc. 50), to reduce his sentence pursuant to 18 U.S.C. § 3582(c)(2) and retroactive amendments to the United States Sentencing Guidelines, and it appearing that the court subsequently appointed Dennis Boyle, Esquire, to represent defendant in such proceedings, (see Doc. 53), and that defendant filed the instant motion without assistance from counsel, 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 the motion (Doc. 50) is DENIED without prejudice to defendant's right to file a motion seeking similar relief with the assistance of counsel.

CHRISTOPHER C. CONNER United States District Judge

20090129

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