Opinion
5:23-cr-15-M
05-02-2024
UNITED STATES OF AMERICA, Plaintiff, v. KENNY ORLIN SIMMONS, Defendant.
ORDER
RICHARD E. MYERS II, CHIEF UNITED STATES DISTRICT JUDGE
This matter comes before the court on Defendant's pro se motion for a downward departure or variance under the United States Sentencing Guidelines [DE 29]. The Fourth Circuit has stated, “a district court is under no obligation to consider a defendant's pro se motion when he is represented by counsel.” United States v. Hammond, 821 Fed.Appx. 203, 207 (4th Cir. 2020). Defendant is currently represented by court-appointed counsel. Accordingly, the motion is DENIED WITHOUT PREJUDICE.
SO ORDERED.