United States v. Hagerman

545 F.3d 579 (2008)

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United States v. Hagerman

United States Court of Appeals for the Seventh Circuit
545 F.3d 579 (2008)

Facts

Derrik Hagerman, a nonlawyer, was the president of a single-member limited-liability company named Wabash Environmental Technologies, LLC (Wabash) (defendants). Hagerman and Wabash were convicted of criminal violations of the Clean Water Act, placed on corporate probation, and ordered to pay restitution. Thereafter, the federal government initiated a probation-violation proceeding against Wabash, alleging that Wabash violated the probation conditions by refusing to pay the ordered restitution. A lawyer represented Wabash during the probation-violation proceeding. Ultimately, the government and Wabash reached a settlement agreement in which Wabash agreed to start paying restitution and to provide certain information to the government concerning the company’s finances. Accordingly, the district court dismissed the proceeding. Wabash’s lawyer subsequently withdrew from representation. Nevertheless, Hagerman, who apparently had second thoughts about the settlement agreement, filed an appeal, pro se, on behalf of himself and Wabash. Hagerman contended that he should be permitted to represent Wabash on appeal as the company’s president and only member.

Rule of Law

Issue

Holding and Reasoning (Posner, J.)

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