UNITED STATES OF AMERICA v. DEREK DUANE RILEY - Articles

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Posted by: Azya Thornton on Oct 9, 2025

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: J. Scott Ballenger, Abby Jones, Leah F. Schwartz, UNIVERSITY OF VIRGINIA, Charlottesville, Virginia, for Appellant.

Attorneys 2: ARGUED: William J. Vailliencourt, Jr., UNITED STATES ATTORNEY’S OFFICE, Detroit, Michigan, for Appellee.

Attorneys 3: ON BRIEF: J. Scott Ballenger, Abby Jones, Leah F. Schwartz, UNIVERSITY OF VIRGINIA, Charlottesville, Virginia, for Appellant. William J. Vailliencourt, Jr., UNITED STATES ATTORNEY’S OFFICE, Detroit, Michigan, for Appellee.

Judge(s): CLAY, KETHLEDGE, and STRANCH, Circuit Judges

Court Appealed: United States District Court for the Eastern District of Michigan at Bay City

JANE B. STRANCH, Circuit Judge. Derek Riley was eligible for resentencing under Amendment 821 to the Sentencing Guidelines. His counsel and the Government stipulated to a recommended sentence, and the district court imposed that sentence. Riley then filed a motion for reconsideration, asserting that he was proceeding pro se in order to make clear that his counsel had agreed to the stipulation without his knowledge and against his wishes, and that a lower sentence was warranted. The district court denied the motion without reaching the merits on the basis that it had not been filed through counsel and therefore constituted improper hybrid representation. For the reasons that follow, we VACATE the district court’s judgment on Riley’s motion for reconsideration and REMAND for further proceedings.

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