Free Motion to Appoint Counsel - District Court of Arizona - Arizona

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IN THE UNITED STATES DISTRICTQ
Fon THE DISTRICT OF ARIZ :·——-Lg-··D·ERUw
UNITED STATES OF AMERICA, ) No. CR 03-1096-PHX-SMM ;,/
) CV 05-2576-PHX-SMM (BPV)
Plaintiff, )
)
)
v. ) MOTION FOR COURT-APPOINTED
) ATTORNEY FOR EVIDENTIARY
) HEARING
RAFAEL CRUZ-AYON, )
}
Defendant. )

COMES NOW, Rafael Cruz-Ayon, defendant/movant herein, and
respectfully moves the above-entitled Court for an appointment
of counsel to represent him at the evidentiary hearing, present-
ly scheduled for January ll, 2007, at 9:00 a.m. in Courtroom
605, Phoenix, Arizona, 58003, before the Honorable Stephen M.
McNamee.
Inasmuch as the above-scheduled evidentiary hearing di-
rectly concerns the "effectiveness," and integrity of defend-
ant's former attorney of record, defendant further moves that
at the time of the scheduled hearing, the Court conduct an on-
the—record examination of appointed counsel to determine whe-
there may be any matters of conflict which might prevent ap-
pointed counsel from representing defendant against his former
attorney of record.
Case2:O3—cr-O1096—SI\AI\A Document 63 Filed 11/O3/2006 Page1 0f3 R

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Finally, defendant also respectfully moves the Court for
the appointment of either a bilingual speaking attorney, who is
fluent in the Spanish language, or in the alternative for the
appointment of a Court-qualified Spanish language translator
to be present and available at all times when defendant is pre-
sent before the Court. Defendant understands very little Eng-
lish, and will be incapable of understanding or conversing in
l English.
DATED: October 28, 2006.
Safford, Arizona.
Respectfully submitted,
A {QQ édil Qqgjlz Qfgv
Rafa l Cruz-Ayon, Pro Se
#81271-008
FCI Safford
P.O. Box 9000
Safford, AZ 85548
JC! use
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CERTIFICATE OF SERVICE I
The undersigned hereby certifies, under penalty of perjury,
pursuant to 28 U.S.C. § 1746, that he has served a true and ac-
curate copy of the attached Motion For Court—Appointed Attorney
For Evidentiary Hearing and the Motion For Extension Of Time To
File Notice Of Appeal, upon the following party:
M. Malaika Rahi-L00 - AUSA
Office of the U.S. Attorney
Two Renaissance Square ·
40 North Central, Ste. 1200
Phoenix, AZ 85004-4408
postage prepaid, by placing same in the Bureau of Prisons' mail-
ing system on the date set forth below. I
l
DATED:/1/gvgpaiprc gf 2006.
Safford, AZ 85548
Rafaeé Cruz-Ayon, Pro Se
#81272-008: Cholla
Jc/ms;
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