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United States of America v. Donald A. Scott

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


January 14, 2011

UNITED STATES OF AMERICA
v.
DONALD A. SCOTT

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 14th day of January, 2011, upon consideration of the nunc pro tunc motion (Doc. 459) for a new trial, filed by defendant Donald A. Scott ("Scott"), pro se, wherein Scott seeks a new trial on the basis of ineffective assistance of counsel, and it appearing, by Scott's own admission, that the pending motion is untimely,*fn1 and it further appearing that Scott is represented by counsel but filed the pending motions without assistance therefrom,*fn2 and the court finding that it would be improper to permit Scott to raise arguments concerning ineffective assistance of counsel at this procedural juncture,*fn3 and the court concluding that it would be wholly unnecessary and improper to consider the merits of the pending motion, it is hereby ORDERED that the motion (Doc. 459) is DENIED, without prejudice to Scott's right to file a motion seeking similar relief under the proper circumstances and at the proper procedural juncture.

CHRISTOPHER C. CONNER United States District Judge


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