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

Case 1:01-cr-00214-WYD

Document 3481

Filed 07/17/2007

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CASE NO. 01-cr-00214-WYD

UNITED STATES OF AMERICA, Plaintiff, v. DAWAN EUGENE SMITH, Defendants. ________________________________________________________________________ MOTION TO WITHDRAW AS APPOINTED COUNSEL AND REQUEST FOR APPOINTMENT OF COUNSEL FROM THE CRIMINAL JUSTICE ACT PANEL ________________________________________________________________________ The Office of the Federal Public Defender, through Edward A. Pluss, Assistant Federal Public Defender, moves to withdraw as appointed counsel for the above named defendant. The Office of the Federal Public Defender cannot continue to represent the defendant because there would be a conflict of interest in doing so. This conflict arises due to previous representation by the Office of the Federal Public Defender of another person who is a co-defendant in this matter. Continued representation of the defendant would potentially violate Rules 1.7 and 1.9 of the Colorado Rules of Professional Conduct as adopted in D.C.Colo.LCrR 57.6.

Case 1:01-cr-00214-WYD

Document 3481

Filed 07/17/2007

Page 2 of 3

Because the defendant has already qualified for the appointment of counsel, it is requested that counsel from the Criminal Justice Act Panel be appointed in place of the Office of the Federal Public Defender. Respectfully submitted, RAYMOND P. MOORE Federal Public Defender

s/ Edward A. Pluss EDWARD A. PLUSS Assistant Federal Public Defender 633 17 th 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-00214-WYD

Document 3481

Filed 07/17/2007

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on July 17, 2007, I electronically filed the foregoing MOTION TO WITHDRAW AS APPOINTED COUNSEL AND REQUEST FOR APPOINTMENT OF COUNSEL FROM THE CRIMINAL JUSTICE ACT PANEL with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Kathleen Tafoya, AUSA email: [email protected] James Murphy, AUSA 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 nonparticipant's name: Dawan Smith (via Mail) Reg. No. 30620-013 c/o Federal Detention Center 9595 W. Quincy Ave. Littleton, CO 80123

s/Edward A. Pluss EDWARD A. PLUSS Assistant Federal Public Defender 633 17 th Street, Suite 1000 Denver, CO 80202 Telephone: (303) 294-7002 FAX: (303) 294-1192 [email protected] Attorney for Defendant

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