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Home Source documents Court filing — S.D.N.Y. No. 7:21-cr-00681 (Dkt. 114, S.D.N.Y.)

Court filing — S.D.N.Y. No. 7:21-cr-00681 (Dkt. 114, S.D.N.Y.)

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          Case 7:21-cr-00681-NSR Document 114 Filed 05/18/23 Page 1 of 3




UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK                                                             5/18/2023
---------------------------------------------------------------------- X
                                                                       :
UNITED STATES OF AMERICA                                               :
                                                                       :
                  -v-                                                  :   21-CR-681 (02) (NSR)
                                                                       :
QUADRI SALAHUDDIN,                                                     :         ORDER
                                                                       :
                                    Defendant.                         :
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                                                                       X
NELSON S. ROMÁN, United States District Judge:

        On May 16, 2023, the Court held an in-person hearing pursuant to Faretta v. California,

422 U.S. 806 (1975), for Defendant Quadri Salahuddin, who was present with CJA attorneys

Richard Willstatter and Emilee Sahli. As explained below, the Court grants Defendant’s request

to waive his right to counsel and represent himself pro se and appoints new counsel to serve as

“standby” counsel.

        The Sixth Amendment guarantees a criminal defendant the right to self-representation. Id.

at 818–21. For a defendant to exercise his constitutional right to proceed pro se and waive counsel,

the trial court must determine that the defendant is competent and that the waiver is made

voluntarily, as well as “knowingly and intelligently.” Id. at 835–36 (citation omitted); see United

States v. Culbertson, 670 F.3d 183, 193 (2d Cir. 2012); United States v. Fore, 169 F.3d 104, 108

(2d Cir. 1999).

        During the Faretta hearing, the Court (a) observed the Defendant’s behavior, demeanor,

and history; (b) verified that he is able to understand, speak, read, and write English and that he

understands the charges against him; and (c) explained to him and confirmed his understanding of

his right to counsel and the ramifications of waiving that right to represent himself in this matter.
         Case 7:21-cr-00681-NSR Document 114 Filed 05/18/23 Page 2 of 3




When asked about his educational background, Defendant represented to the Court that he received

an associate degree in Business Administration from Monroe College.

       Defendant stated that he had no familiarity with the Federal Rules of Criminal Procedure

or the Federal Rules of Evidence, but he expressly acknowledged that his lack of familiarity with

these procedural rules would not relieve him of his obligation to follow them.

       The Court determines that the Defendant (1) understands the nature of the proceedings and

has the ability to consult with counsel and assist counsel in preparing a defense and is therefore

competent to stand trial; (2) understands that he has the right to an attorney throughout these

proceedings, (3) has the mental capacity to conduct trial proceedings by himself, put on his own

defense at trial, and is therefore competent to waive his right to counsel, and (4) clearly and

unequivocally waives his right to counsel knowingly, intelligently, and voluntarily.

       Accordingly, the Court grants Defendant’s request to proceed pro se, that is, to represent

himself in this criminal case from this day on, relieves current CJA attorneys Richard Willstatter,

Esq., and Emilee Sahli, Esq., of their appointments, and appoints Margaret Shalley, Esq., as

“standby” CJA counsel. The Court reiterates to Mr. Salahuddin that as he represents himself, he

is required to comport with courtroom protocols and procedure, including the Federal Rules of

Criminal Procedure and the Federal Rules of Evidence.

       The Court directs standby CJA counsel to (i) familiarize herself, on an ongoing basis, with

the discovery, court proceedings and determinations, and other related developments throughout

the litigation; and (ii) be prepared to provide assistance to pro se Defendant and take over the

defense should the need arise.

       Defendant’s prior attorneys, Richard Willstatter, Esq., and Emilee Sahli, Esq., are directed

to turn over their case file to standby CJA counsel, Margaret Shalley, Esq.



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          Case 7:21-cr-00681-NSR Document 114 Filed 05/18/23 Page 3 of 3




         Standby CJA counsel is further directed to mail a copy of this order to pro se Defendant

and to file proof of service on the docket.


Dated:    May 18, 2023                                     SO ORDERED:
          White Plains, New York


                                                ________________________________
                                                       NELSON S. ROMÁN
                                                     United States District Judge




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