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United States v. Berrettini

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


February 13, 2010

UNITED STATES OF AMERICA
v.
ALBERT LEO BERRETTINI, JR., AND MARY ANN BERRETTINI, DEFENDANTS

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 3rd day of February, 2010, upon consideration of the request to proceed pro se, which defendant Albert Leo Berrettini made at a proceeding held on January 29, 2010 (see Docs. 292, 293), and it appearing that defendant has made a voluntary, knowing, and intelligent waiver of his right to representation by counsel,*fn1 (see Docs. 292, 293), see also Buhl v. Cooksey, 233 F.3d 783, 789 (3d Cir. 2000) ("[T]he constitutional right of self-representation in a criminal case is conditioned upon a voluntary, knowing, and intelligent waiver of the right to be represented by counsel."), and that defendant has properly asserted his right to represent himself, (see Doc. 293), and the court concluding that "a defendant must be allowed to represent him/herself when a proper request is made and counsel is waived," Buhl, 233 F.3d at 791 (citing Faretta v. California, 422 U.S. 806 (1975)), and the court noting that it "may terminate self-representation by a defendant who deliberately engages in serious and obstructionist misconduct," Faretta, 422 U.S. at 834 n.46, it is hereby ORDERED that:

1. The request to proceed pro se (see Doc. 293) is GRANTED.*fn2

2. Stephen F. Becker, Esquire, is appointed as standby counsel for defendant.*fn3

3. The Clerk of Court is directed to serve a copy of this order on both defendants via an express mail service and standard post.

CHRISTOPHER C. CONNER United States District Judge


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