Order Striking Defendant's Pro Se Filing — United States v. Meelad Dezfooli (District of Nevada, Document 274)

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This order strikes a proposed appearance bond that defendant Meelad Dezfooli filed pro se on September 27, 2024 (ECF No. 269). The order says the bond was improper because Dezfooli has not been ordered released, so there is no contract between him, the government and the purported surety, and because Local Rule 11-6(a) bars a represented party from personally filing documents. It states that prior counsel Richard Pocker was relieved on October 1, 2024, and that new counsel was appointed at the same time, so Dezfooli had appointed counsel when the document was filed. It also recounts that Magistrate Judge Brenda Weksler ordered Dezfooli detained pending trial. Dezfooli remains ordered detained pending sentencing on December 5, 2024. The order is dated October 2, 2024, over the name of Cristina D. Silva, United States District Judge.

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            Case 2:22-cr-00142-CDS-DJA Document 274 Filed 10/02/24 Page 1 of 2



 1                                UNITED STATES DISTRICT COURT
                                       DISTRICT OF NEVADA
 2

 3 United States of America,                                    Case No. 2:22-cr-00142-CDS-DJA
 4                        Plaintiff                        Order Striking Defendant’s Pro Se Filing
 5     v.
                                                                          [ECF No. 269]
 6 Meelad Dezfooli,

 7                      Defendant
 8

 9            The grand jury indicted defendant Meelad Dezfooli charging him with bank fraud,

10 concealment money laundering, and monetary transactions in criminally derived property.

11 Indictment, ECF No. 1. Dezfooli made his initial appearance before the court on July 11, 2022, and

12 was released on bond with conditions and supervision. PR Bond, ECF No. 13. On November 16,

13 2023, Magistrate Judge Brenda Weksler found that Dezfooli had violated conditions of his release

14 and ordered him detained pending trial. Order, ECF No. 84. Dezfooli was to self-surrender to the

15 United States Marshals Service by noon on November 20, 2023. Id. Dezfooli surrendered

16 accordingly and has remained in continuous custody of the U.S. Marshals since that time. See, e.g.,

17 ECF No. 88; ECF No. 240; ECF No. 271 (minutes of proceedings indicating that defendant is

18 present and in custody).
19            On September 27, 2024, Dezfooli filed, pro se, a rogue proposed appearance bond (the

20 “bond”) on his own behalf. ECF No. 269. As a threshold matter, “a bail bond is a contract between

21 the government and the defendant and his surety,” United States v. Toro, 981 F.2d 1045, 1047–48 (9th

22 Cir. 1992) (citing United States v. Lujan, 589 F.2d 436, 438 (9th Cir. 1978)). The purpose of a bail

23 bonds is to make sure defendants show up for court. Toro, 981 F.2d at 1049. But Dezfooli has not

24 been ordered released, so there is no contract between him, the government, and the purported

25 surety, nor is there any need to assure his appearance for court as he is detained pending

26 sentencing.
             Case 2:22-cr-00142-CDS-DJA Document 274 Filed 10/02/24 Page 2 of 2




 1           Further, Local Rule 11-6(a) states “[a] party who has appeared by attorney cannot while so

 2   represented appear or act in the case. This means that once an attorney makes an appearance on

 3   behalf of a party, that party may not personally file a document with the court; all filings must

4 thereafter be made by the attorney.” Local Rule 11-6(a); see also Le v. Almager, 2013 WL 415632, at *1

 5 (N.D. Cal. Jan. 31, 2013) (“A court need not consider pro se motions filed by a party who remains

 6 represented by counsel.”). Although I relieved Dezfooli’s prior counsel, Mr. Richard Pocker, on

 7   October 1, 2024, the same day Dezfooli filed the “bond,” I also appointed a new, but yet-to-be-

 8 named, 1 attorney to represent Dezfooli at the same time. See Mins. of Proceedings, ECF No. 271.

 9 Thus, Dezfooli had appointed counsel at the time he filed the purported personal recognizance

10 bond, making the document rogue.

11             Accordingly, the rogue and improper proposed personal recognizance bond [ECF No.

12   269] filed by Dezfooli is hereby STRICKEN. Dezfooli remains ordered detained pending

13   sentencing on December 5, 2024.

14            Dated: October 2, 2024

15                                                     __________________________________
                                                       Cristina D. Silva
16                                                     United States District Judge
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     1 Lucas Gaffney, Esq., was named as the attorney of record the following day. ECF No. 273.




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