Free Motion to Withdraw as Attorney - District Court of Delaware - Delaware

Case 1:07-cr-00014-SLR

Document 13

Filed 03/01/2007

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE UNITED STATES OF AMERICA, Plaintiff, v. RAFAEL SANTIAGO, Defendant. : : : : : : : : :

Cr.A. No.

MOTION REQUESTING LEAVE TO WITHDRAW AS COUNSEL COMES NOW, John S. Malik, counsel for Defendant Rafael Santiago, and respectfully requests that this Honorable Court grant counsel leave to withdraw his appearance on behalf of Defendant Rafael Santiago in the above captioned criminal action based upon the following grounds: 1. Counsel entered his appearance on behalf of Defendant Rafael Santiago on

February 2, 2007. 2. Subsequently, after learning additional information regarding the subject

criminal action from the United States Attorney's Office, counsel became aware of an irreconcilable conflict of interest that precludes counsel from representing Defendant Santiago. 3. As a consequence of counsel's conflict of interest, counsel seeks leave of

court to withdraw from representation of Defendant Santiago in connection with the subject criminal action.

Case 1:07-cr-00014-SLR

Document 13

Filed 03/01/2007

Page 2 of 4

WHEREFORE, John S. Malik, counsel for Defendant Rafael Santiago respectfully requests that this Honorable Court grant counsel leave to withdraw his appearance on behalf of Defendant Rafael Santiago. Respectfully submitted, /s/ John S. Malik JOHN S. MALIK East 14th Street Wilmington, Delaware 19801 (302) 427-2247 Dated: March 1, 2007

Case 1:07-cr-00014-SLR

Document 13

Filed 03/01/2007

Page 3 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE UNITED STATES OF AMERICA, Plaintiff, v. RAFAEL SANTIAGO, Defendant. : : : : : : : : : ORDER AND NOW, TO WIT, this _____ day of ______________________________, A.D., 2007, counsel's Motion Requesting Leave to Withdraw his appearance on behalf of Defendant Rafael Santiago having been duly heard and considered, IT IS SO ORDERED: That John S. Malik is hereby granted leave of Court to withdraw his appearance on behalf of Defendant Rafael Santiago in the above captioned criminal action.

Cr.A. No. 07-CR-014-SLR

J.

Case 1:07-cr-00014-SLR

Document 13

Filed 03/01/2007

Page 4 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE UNITED STATES OF AMERICA, Plaintiff, v. RAFAEL SANTIAGO, Defendant. : : : : : : : : :

Cr.A. No. 07-CR-014-SLR

CERTIFICATE OF SERVICE I, John S. Malik, hereby certify this 1st day of March, A.D., 2007, that a copy of the attached Motion Requesting Leave to Withdraw as Counsel was served electronically upon the individual listed below at the following address: Douglas E. McCann, Esquire Assistant United States Attorney United States Attorney's Office Nemours Building 1007 Orange Street, Suite 700 Wilmington, Delaware 19801

/s/ John S. Malik JOHN S. MALIK 100 East 14th Street Wilmington, Delaware 19801 (302) 427-2247