Order denying 33 Motion to Withdraw Plea Agreement — USA v. Thomas (Dkt. 35, E.D. Tenn.)

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An Order in United States of America v. Chad Brandon Thomas, No. 2:22-CR-76, No. 2:22-cr-00076-JRG-CRW, in the U.S. District Court for the Eastern District of Tennessee at Greeneville, filed January 5, 2023 as Document 35. It addresses the defendant's pro se Request for Leave to Withdraw Plea Agreement [Doc. 33], which asks the court to dismiss the charges, set aside the plea agreement and return the seized money. The court notes that the defendant is represented by counsel, Jefferson B. Fairchild, and that E.D. Tenn. L.R. 83.4(c) bars a represented party from acting on the party's own behalf without an order of substitution. It states that counsel must file any motion to withdraw the plea agreement and denies the motion; it is signed s/ by United States District Judge J. Ronnie Greer.

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1 
 
UNITED STATES DISTRICT COURT 
EASTERN DISTRICT OF TENNESSEE 
AT GREENEVILLE 
 
 
 
UNITED STATES OF AMERICA  
 
) 
 
 
 
 
 
 
 
) 
 
 
 
 
 
 
 
) 
v. 
 
 
 
 
 
 
) 
No.  2:22-CR-76 
 
 
 
 
 
 
 
) 
CHAD BRANDON THOMAS 
 
 
) 
 
ORDER 
 
Before the Court is Defendant’s pro se Request for Leave to Withdraw Plea Agreement 
[Doc. 33]. Specifically, Defendant asks the Court to “dismiss all accused charges, throw[]out the 
plea agreement, along with returning the seized money[.]” [Id.]. 
Defendant is represented by counsel in this district court action, Jefferson B. Fairchild. 
E.D. Tenn. L.R. 83.4(c) states that “[w]henever a party has appeared by attorney, that party may 
not thereafter appear or act in his or her own behalf in the action or proceeding, unless an order of 
substitution shall first have been made by the Court, after notice by the party to the attorney and 
to the opposing party.” Since Defendant has appointed counsel, he cannot file a pro se motion on 
his own behalf. If Defendant wishes to withdraw his plea agreement, his counsel must file a motion 
seeking this relief. Defendant’s Motion [Doc. 33] is therefore DENIED. 
So ordered. 
 
ENTER: 
 
            s/J. RONNIE GREER 
   UNITED STATES DISTRICT JUDGE 
 
 
Case 2:22-cr-00076-JRG-CRW     Document 35     Filed 01/05/23     Page 1 of 1     PageID
#: 140

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