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

1 TIMOTHY C. HOLTZEN 2 245 W. Roosevelt St. 3 Phoenix, Arizona 85003
State Bar No. 004723 Attorney at Law

4 (602) 799-6336 5 6 7 8 9 United States of America, 10 Plaintiff, 11
v. UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ) ) ) ) ) ) ) ) ) ) No. CR 03-0974-PHX-ROS Attorney for Defendant

12 Neil Rusty Bond, 13 Defendant. 14 15

MOTION TO WITHDRAW AS COUNSEL OF RECORD AND APPOINT COUNSEL FOR APPEAL

Defendant Neil Rusty Bond, through counsel, requests this Court to withdraw

16 Timothy C. Holtzen as counsel of record and asks this Court to appoint another 17 attorney to represent Neil Rusty Bond. Counsel asks this Court to promptly appoint 18 another attorney to avoid any prejudice to the defendant and to have the ability to 19 pursue whatever action deemed appropriate before the appeal deadline or other timely 20 issues. 21 Defense counsel offers the following in support of this motion: 22 23 24 25 26 27 28
2. 1. Defendant expressed to this Court in his letter of allocution at sentencing on March 1, 2006, his belief that he had been denied the effective assistance of counsel with court appointed counsel Timothy C. Holtzen at various time during his case. The day after his sentencing, on March 2, 2006, Defendant pro se filed a "Motion for a Newly Appointed U.S. Defense Attorney to Properly Assist in Filing an Appeal and Motion for a Newly Appointed U.S. Defense Attorney to Properly Assist in Representation During an Appeal." (Dkt # 181.) This, in essence, is his signed consent for appointed counsel being relieved and requesting appointment of substitute counsel. Defense counsel received this motion by electronic

Case 2:03-cr-00974-DGC

Document 184

Filed 03/08/2006

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5. 4. 3.

filing on March 6, 2006. By its title and nature, Defendant does not want Timothy C. Holtzen to take action "in filing an appeal" or "assisting in representation during appeal." This Motion is timely filed. Also on March 2, 2006, Defendant pro se filed a "Motion for a Newly Appointed U.S. Defense Attorney to Properly Assist in Immediate Filing of Habeas Corpus, Along With Legal Representation for Habeas Corpus Based on Ineffective Assistance of Counsel." In that motion Defendant repeatedly alleges that he was denied the effective assistance of counsel by Timothy C. Holtzen on numerous occasions, including allegations of ineffective assistance in legal experience, preparation for trial, presentation at trial, and conflicts of interest. Defendant was determined by this Court to be financially unable to pay a fine and previously qualified for court-appointed counsel under the Criminal Justice Act. Counsel is informed and believes DefendantAppellant's financial situation has not changed and should still receive court-appointed counsel. 18 U.S.C. §3006A; 9th Circuit Rule 4-1(c)(2). Assistant United States Attorney Michelle Hamilton-Burns has no objection to this motion.

In light of Defendant's allegations of ineffective assistance of counsel, present

13 appointed counsel requests to be withdrawn and to have new counsel appointed 14 quickly to represent the Defendant in deciding on the filing and/or pursuing his appeal 15 and any other timely issues. 16 17 18 19 20 Copy of the foregoing served by ECF filing this 8th day of March 2006 to: 21 22 Assistant U.S. Attorney Two Renaissance Square 23 40 N. Central Avenue, Suite 1200 24 25
Phoenix, Arizona 85004-4408 and mailed to: Neil Rusty Bond Michelle Hamilton-Burns RESPECTFULLY SUBMITTED this 8 th day of March 2006. s\ Timothy C. Holtzen Timothy C. Holtzen Attorney for Defendant

26 Defendant 27 28

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Case 2:03-cr-00974-DGC

Document 184

Filed 03/08/2006

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