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

Case 1:01-cr-00288-WYD

Document 124

Filed 03/16/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CASE NO. 01-cr-00288-WYD UNITED STATES OF AMERICA, Plaintiff, v. DONALD PRITCHARD, Defendant. _____________________________________________________________________________ MOTION TO WITHDRAW AS COUNSEL FOR DONALD PRITCHARD _____________________________________________________________________________ Raymond P. Moore, Federal Public Defender, hereby moves to withdraw as counsel for the defendant, Donald Pritchard and as grounds therefore states as follows: 1. counsel. 2. On March 15, 2006 an Order Appointing Federal Public Defender was filed to Undersigned counsel representend defendant Pritchard in this matter as trial

represent Mr. Pritchard on a Compliance Review Hearing which will presumably be scheduled in the near future. 3. At the current time, there is pending in the Tenth Circuit Court of Appeals an

appeal of a § 2255 petition filed by Mr. Pritchard which asserts, among other things, incompetence of counsel in connection with the undersigned's prior representation of Mr. Pritchard in this very case. 4. Counsel submits that it is inappropriate for him to be appointed as counsel in this

matter while he is simultaneously being claimed to be incompetent by this client.

Case 1:01-cr-00288-WYD

Document 124

Filed 03/16/2006

Page 2 of 3

5.

Counsel advises that the position of the Office in circumstances such as this has

been for years and remains that neither counsel, client, nor the Court is served by infusing an appeal issue or further § 2255 into this proceeding needlessly. 6. Accordingly, counsel moves to withdraw.

WHEREFORE, undersigned counsel prays for an Order allowing undersigned counsel to withdraw. Respectfully submitted, RAYMOND P. MOORE Federal Public Defender

s/ Raymond P. Moore Raymond P. Moore Federal Public Defender 633 17th Street, Suite 1000 Denver, CO 80202 Telephone: (303) 294-7002 FAX: (303) 294-1192 [email protected] Attorney for Defendant

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Case 1:01-cr-00288-WYD

Document 124

Filed 03/16/2006

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on March 16, 2006, I electronically filed the foregoing MOTION TO WITHDRAW with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Matthew Kirsch email: [email protected] and I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participant in the manner (mail, hand-delivery, etc.) indicated by the non-participant's name: Donald D. Pritchard (Via U.S. Mail) PO Box 132 Hygiene, CO 80533

s/ Raymond P. Moore Raymond P. Moore Federal Public Defender 633 17th Street, Suite 1000 Denver, CO 80202 Telephone: (303) 294-7002 FAX: (303) 294-1192 [email protected] Attorney for Defendant

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