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

Case 1:01-cr-00279-WYD

Document 53

Filed 04/25/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CASE NO. 01-cr-00279-WYD UNITED STATES OF AMERICA, Plaintiff, v. JOHNNY FRANK COLEMAN, Defendant. _____________________________________________________________________ MOTION TO WITHDRAW

The Office of the Federal Public Defender, through undersigned counsel, Virginia L. Grady, hereby moves to withdraw from the above captioned case, and in support thereof, states: 1. Undersigned counsel represented Mr. Coleman originally in this

prosecution, and was reappointed following his arrest on the Petition to Revoke Supervised Release. 2. Counsel was unaware that, following the original sentencing hearing, Mr.

Coleman filed sought relief under 26 U.S.C. 2255, alleging that undersigned counsel had been ineffective. 3. Counsel was not served with the habeus petition, and has ordered the

court file from the Records Center to obtain a copy. The petition was ultimately dismissed, but not withdrawn by Mr. Coleman.

Case 1:01-cr-00279-WYD

Document 53

Filed 04/25/2007

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4.

Mr. Coleman's previous complaint alleging ineffective assistance raises a

presumptive, current conflict with the Office of the Federal Public Defender, and with undersigned counsel. Undersigned counsel cannot and should not offer advice to mitigate that conflict. Accordingly, new counsel must be appointed. 5. A hearing on the petition to revoke supervised release is currently

scheduled for May 1, 2007. Assuming that hearing is vacated to allow new counsel to meet with Mr. Coleman, Mr. Coleman has asked that it be rescheduled as quickly as possible. Respectfully submitted, RAYMOND P. MOORE Federal Public Defender

s/ Virginia L. Grady VIRGINIA L. GRADY Assistant Federal Public Defender 633 Seventeenth Street, Suite 1000 Denver, Colorado 80202 Telephone: (303) 294-7002 Facsimile: (303) 294-1192 [email protected] Attorney for Defendant

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Case 1:01-cr-00279-WYD

Document 53

Filed 04/25/2007

Page 3 of 3

CERTIFICATE OF SERVICE

I hereby certify that on April 25, 2007, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: James R. Allison, AUSA [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 nonparticipant's name: Mr. Johnny Coleman (via U.S. mail) Reg. No. 30528-013 c/o Clear Creek County Jail P.O. Box 2000 Georgetown, Colorado 80444

s/ Virginia L. Grady VIRGINIA L. GRADY Assistant Federal Public Defender 633 Seventeenth Street, Suite 1000 Denver, Colorado 80202 Telephone: (303) 294-7002 Facsimile: (303) 294-1192 [email protected] Attorney for Defendant

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