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United States v. Clark

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


October 2, 2009

UNITED STATES OF AMERICA
v.
JAMES CLARK

The opinion of the court was delivered by: Robert F. Kelly, Sr. J.

MEMORANDUM

Presently before the Court are three pro se motions of James Clark. The first, "Motion to Vacate Guilty Verdict Pursuant To Fed R. Crime P. 39 & 33 and Requests A New Trial", (Doc. No. 39); the second, "Motion to Set aside Conviction for use of Perjured Testimony and Motion to Vacate", (Doc. No. 40); and third, "Motion to Exclude Material in PSR Sentencing Memorandum and Objections", (Doc. No. 41).

A Defendant who is represented by counsel has no Sixth Amendment right to file papers pro se or to participate as co-counsel. United States v. Wolfish, 525 F.2d 457 (1975); U.S. v. Cyphers, 556 F.2d 630 (1977) and Hall v. Dorsey, 534 F. Supp. 503 (1982).

For these reasons we decline to consider Clark's pro se motions and they will be dismissed.

An appropriate Order follows.

20091002

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