Free Motion to Withdraw Document - District Court of Delaware - Delaware

Case 1:07-cr-00025-JJF

Document 41

Filed 12/07/2007

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. ROBERT COTTMAN, Defendant.

: : : : : : : : :

Criminal Action No. 07-25-JJF

DEFENDANT'S UNOPPOSED MOTION FOR VOLUNTARY WITHDRAWAL OF NOTICE OF APPEAL Defendant, Robert Cottman, by and through his undersigned counsel, Edson A. Bostic, Federal Public Defender, hereby moves this Court for an Order granting Defendant's Motion for Voluntary Withdrawal of Notice of Appeal. In support of this motion, Mr. Cottman avers as follows: 1. 2. On December 4, 2007, Defendant filed a Notice of Appeal with this Court. Counsel has reviewed this matter with Mr. Cottman, including the issues which might

be pursued on appeal. Counsel and Mr. Cottman have concluded that no relief can be obtained by proceeding with the appeal. 3. Mr. Cottman has prepared and signed a Motion for Voluntary Dismissal of Appeal

Pursuant to F.R.A.P. 42(b) to be filed with the United States Court of Appeals for the Third Circuit.1 However, since the Notice of Appeal has not yet been docketed with Court of Appeals, Defendant

1

A copy of the signed Motion for Voluntary Dismissal of Appeal is attached as Exhibit

"A".

Case 1:07-cr-00025-JJF

Document 41

Filed 12/07/2007

Page 2 of 2

respectfully requests that this Court permit the Notice of Appeal be withdrawn. WHEREFORE, the Defendant, Robert Cottman, respectfully requests that this Court issue an Order granting withdrawal of the Notice of Appeal.

Respectfully submitted, /s/ Edson A. Bostic, Esquire Federal Public Defender Attorney for Robert Cottman

One Customs House 704 King Street, Suite 110 Wilmington, DE 19801 (302) 573-6010 [email protected]

Dated: December 7, 2007

Case 1:07-cr-00025-JJF

Document 41-2

Filed 12/07/2007

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. ROBERT COTTMAN, Defendant.

: : : : : : : : :

Criminal Action No. 07-25-JJF

ORDER Having considered Defendant's Unopposed Motion For Voluntary Withdrawal of Appeal; IT IS HEREBY ORDERED this day of , 2007,

Defendant's Motion is granted and the Notice of Appeal is hereby withdrawn.

Honorable Joseph J. Farnan, Jr. United States District Court

Case 1:07-cr-00025-JJF

Document 41-3

Filed 12/07/2007

Page 1 of 4

Case 1:07-cr-00025-JJF

Document 41-3

Filed 12/07/2007

Page 2 of 4

Case 1:07-cr-00025-JJF

Document 41-3

Filed 12/07/2007

Page 3 of 4

Case 1:07-cr-00025-JJF

Document 41-3

Filed 12/07/2007

Page 4 of 4