USA v. Pounds

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
UNITED STATES OF AMERICA, 	)
)
Plaintiff, 	)
)
v. 	) 	Case No. 1:24-cr-00043-SNLJ
)
MICHAEL E. POUNDS, 	)
)
Defendant. 	)
MEMORANDUM AND ORDER
This case is before the Court on a Motion for Compassionate Release filed by
Mitzi W. Leek [Doc. 49]. Mitzi Leek did not sign the pleading as an attorney but claims
she is acting on behalf of her brother, Defendant Michael E. Pounds, under a durable
power of attorney [Doc. 49]. For the reasons stated below, the motion is striken.
Mitzi Leek cannot represent another person in federal court unless she is a
licensed attorney, even if she has power of attorney. Ali on behalf of Alexander v.
Kismal, 4:21-cv-00640 JAR, 2021 WL 2588874 (E.D. Mo. June 24, 2021). A non-
attorney may not represent another person in federal court. See 28 U.S.C. § 1654 (“In all
courts of the United States the parties may plead and conduct their own cases personally
or by counsel . . . .”); Lewis v. Lenc–Smith Mfg. Co., 784 F.2d 829, 830 (7th Cir. 1986)
(stating that a person who is not licensed to practice law may not represent another
individual in federal court).
Under Missouri law, a non-attorney representing another person in court is
engaged in the unauthorized practice of law, which can carry criminal penalties. See
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§ 484.020 RSMo. The practice of law is defined to include “the appearance as an
advocate in a representative capacity or the drawing of papers, pleadings or documents or
the performance of any act in such capacity in connection with proceedings pending or
prospective before any court of record.” § 484.010 RSMo. Missouri law further
provides, “No person shall engage in the practice of law or do law business, as defined in
section 484.010, or both, unless he shall have been duly licensed therefor and while his
license therefor is in full force and effect.” § 484.020 RSMo. Furthermore, “[a]ny
person, association, partnership, limited liability company or corporation who shall
violate the foregoing prohibition of this section shall be guilty of a misdemeanor.” Id.
Additionally, Federal Rule of Civil Procedure 11(a) requires an unrepresented
party to personally sign all of his pleadings, motions, and other papers, and requires
courts to “strike an unsigned paper unless the omission is promptly corrected after being
called to the . . . party’s attention.” Fed. R. Civ. P. 11(a). Similarly, the local rules of this
Court also require that a self-represented party sign all filings. See E.D. Mo. L.R.
2.01(A)(1).
IT IS HEREBY ORDERED that the Motion for Compassionate Release filed by
Mitzi W. Leek [Doc. 49] is STRICKEN.
SO ORDERED this 14 th day of November, 2025.
STEPHEN N. LIMBAUGH, JR.
SENIOR UNITED STATES DISTRICT JUDGE
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