USA v. Day

1
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:23-CR-00013-MR-WCM
UNITED STATES OF AMERICA )
)
v. ) ORDER
)
PAUL GORDON DAY, )
)
Defendant. )
______________________________________ )
This matter is before the Court on a	
pro se letter (“Letter”) from
Defendant. Doc. 58. The Letter is dated September 29, 2023 and was docketed
on October 6, 2023.
To the extent the Letter requests that the Court consider additional
information or argument regarding Defendant’s pending Motions to Suppress,
it is DENIED. See Order filed on July 7, 2023 (Doc. 29).
In addition, at one point in the Letter, Defendant states that if his
attorney “will not request this type of evidence, then I may need to just
represent myself pro se.” To the extent the Letter can be construed as a request
for a hearing regarding counsel issues, it is likewise DENIED, as Defendant’s
statement is not a sufficient invocation of Defendant’s right to self-
representation. See United States v. Bernard, 708 F.3d 583, 588 (4th Cir. 2013)
(stating that a criminal defendant “may waive the right to counsel and proceed
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at trial pro se only if the waiver is (1) clear and unequivocal, (2) knowing,
intelligent, and voluntary, and (3) timely”).
It is so ordered.
Signed: October 6, 2023
Case 1:23-cr-00013-MR-WCM Document 59 Filed 10/06/23 Page 2 of 2