USA v. Harper

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
UNITED STATES OF AMERICA,
Plaintiff,
v. 	Case No. 25-10098-JWB
ERIK S. HARPER,
Defendant.
MEMORANDUM AND ORDER
This matter is before the court on Defendant’s motion to address federal detainer and
motion to advance federal proceedings. 	(Docs. 4, 5.) 	On September 30, 2025, the grand jury
returned an indictment against Defendant charging violations of 21 U.S.C. § 841, 18 U.S.C. §
924(c), and 18 U.S.C. § 922(g)(1). (Doc. 1.)
On February 4, Defendant filed motions asking this court to lift the federal detainer against
him and proceed with his federal charges. Defendant was in state custody at the time. On February
5, the government moved for writ of habeas corpus ad prosequendum and the court granted the
motion. (Docs. 7, 8.) Defendant has since been arrested, made his initial appearance, and has been
appointed counsel. 	(Doc. 9.) 	A pretrial order has been entered and a jury trial set. 	(Doc. 13.)
After these were entered, Defendant filed a response to this court’s order granting the
government’s motion for writ of habeas corpus ad prosequendum. (Doc. 14.) Defendant asks the
court to rule on his prior motions. (Id.)
A defendant in a criminal case has a constitutional right to self-representation, if he so
chooses, but he does not have a right to “simultaneous self-representation and representation by
counsel (known as hybrid representation).” United States v. Couch, 758 F. App’x 654, 655 (10th
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Cir. 2018). Although the court has discretion to allow hybrid representation (see United States v.
Treff, 924 F.2d 975, 979 n.6 (10th Cir. 1991)), the court declines to allow hybrid representation in
this case.
Defendant’s motions (Docs. 4, 5) are DENIED AS MOOT in light of his arrest and the
advancement of this case. Any further motions must be filed by counsel in this case. If Defendant
files any motions or documents while represented by counsel, they will be struck without notice.
IT IS SO ORDERED. Dated this 25th day of February, 2026.
__s/ John W. Broomes__________
JOHN W. BROOMES
CHIEF UNITED STATES DISTRICT JUDGE
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