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

Case 3:08-cr-00090-LAB

Document 35-2

Filed 04/28/2008

Page 1 of 2

1 2 3 4 5 6 7 8 9 10 11

Jeremy C. Dzubay (SB# 238649) 1333 Camino Del Rio South 201B San Diego CA 92108 Tel: (619) 683-7666 Fax: (619) 683-7672 [email protected]

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 08-CR-0090 DECLARATION IN SUPPORT OF DEFENSE COUNSEL'S MOTION TO WITHDRAW

12

Plaintiff,
13

vs.
14

JUAN MEZA-PADILLA,
15

Defendant.
16 17 18 19

DECLARATION OF JEREMY DZUBAY
20 21

I, Jeremy Dzubay, hereby declare:
22 23 24

1. As of April 24, 2008, I am attorney of record for Juan Meza-Padilla in district court case number 08-CR-0090.

25 26 27 28

2. From March 25, 2008 to present, I have unsuccessfully attempted to contact Mr. Meza numerous times, at the addresses and phone numbers he provided me, for the

Case 3:08-cr-00090-LAB

Document 35-2

Filed 04/28/2008

Page 2 of 2

1 2 3

purpose of obtaining his assistance to prepare for his trial, previously scheduled for April 15, 2008. 3. Mr. Meza did not show up for his motion hearing on April 14, 2008.

4 5 6 7 8 9 10 11 12 13

4. Mr. Meza did not show up for his trial on April 15, 2008. 5. I am unable to provide Mr. Meza with effective assistance of counsel under the present circumstances as he has not assisted in his own defense, communicated with me since March 25, 2008, nor made the necessary court appearances. 6. I am unable to reasonably insure that I will be available when Mr. Meza's case recommences given that I have no idea of when that time may come. 7. On April 24, 2008, I spoke with AUSA Michael Kaplan and he said the United

14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

States does not oppose my withdrawal. Executed under penalty of perjury, April 28, 2008, in San Diego, California, s/ Jeremy Dzubay