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

Case 1:06-cr-00101-JJF

Document 38

Filed 07/20/2007

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE UNITED STATES OF AMERICA, Plaintiff, v. JAMES ARTHUR BALL, III, Defendant. : : : : : : : : :

Criminal Action No.: 06-101-JJF

UNOPPOSED MOTION TO WITHDRAW CURRENT COUNSEL AND TO APPOINT NEW COUNSEL Edson A. Bostic, Federal Public Defender for the District of Delaware, hereby moves this Court for an Order withdrawing the Office of the Federal Public Defender for the District of Delaware as counsel for James Arthur Ball, III, and to appoint Christopher Koyste, as court appointed counsel and a member of the Criminal Justice Act Panel, to continue his representation. In support thereof, Mr. Bostic avers as follows: 1. On or about December 4, 2006, the Office of the Federal Public Defender was appointed to represent Mr. Ball, and the matter was assigned within the office to Christopher Koyste, Esquire. 2. Thereafter, Mr. Ball pleaded guilty pursuant to an Information charging him with wire fraud, causing a financial institution to file a false currency transaction report, in violation of 18 U.S.C. § 1343 and 31 U.S.C. § 5324 [a][2], respectively. The guilty plea was entered on April 23, 2007. 3. Mr. Koyste has resigned from the Office of the Federal Public Defender and the matter was then reassigned to Federal Public Defender, Edson A. Bostic.

Case 1:06-cr-00101-JJF

Document 38

Filed 07/20/2007

Page 2 of 4

4. Since that time, Mr. Koyste1 has informed Counsel that Mr. Ball desires to have Mr. Koyste continue as counsel in this matter. The basis for this stems from the close and longstanding attorney-client relationship that has developed between Mr. Koyste and Mr. Ball. 5. In the interest of justice and to foster the continuity of this attorney-client relationship, Counsel is requesting that the Office of the Federal Public Defender be removed from this matter and Mr. Koyste be appointed as court appointed counsel for Mr. Ball, pursuant to the Criminal Justice Act. 6. The withdrawal of the Office of the Federal Public Defender and appointment of Mr. Koyste as counsel for defendant should not result in any substantial delay in the disposition of this matter. 7. Counsel has discussed the filing of the instant motion with the government and Assistant United States Attorney Beth Moskow-Schnoll, does not oppose the motion. WHEREFORE, for the above stated reasons, it is respectfully requested that this Court enter an Order withdrawing the Office of the Federal Public Defender for the District of Delaware as Mr. Ball's Counsel, and appointing Christopher Koyste, a member of the Criminal Justice Act Panel to continue Mr. Ball's representation. /s/ EDSON A. BOSTIC Federal Public Defender Attorney for James A. Ball, III Office of the Federal Public Defender District of Delaware 704 King Street, Suite 110 Wilmington, Delaware 19801 Dated: July 20, 2007
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Mr. Koyste has since been named to the Criminal Justice Panel.

Case 1:06-cr-00101-JJF

Document 38

Filed 07/20/2007

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CERTIFICATE OF SERVICE The undersigned counsel certifies that the attached motion for Defendant, James A. Ball, III is available for public viewing and downloading and was electronically delivered on July 20, 2007 to: BETH MOSKOW-SCHNOLL, ESQUIRE Assistant U.S. Attorney The Nemours Building 1007 Orange Street, Suite 700 P.O. Box 2046 Wilmington, DE 19899-2046

via First Class Mail to: CHRISTOPHER S. KOYSTE 800 N. KING STREET, SUITE 302 WILMINGTON, DE 19801

/s/ EDSON A. BOSTIC Federal Public Defender Attorney for James A. Ball, III Office of the Federal Public Defender District of Delaware 704 King Street, Suite 110 Wilmington, Delaware 19801 Dated: July 20, 2007

Case 1:06-cr-00101-JJF

Document 38

Filed 07/20/2007

Page 4 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE UNITED STATES OF AMERICA, Plaintiff, v. JAMES ARTHUR BALL, III, Defendant. : : : : : : : : :

Criminal Action No.: 06-101-JJF

ORDER AND NOW, this ________ day of _______________, 2007, upon consideration of Counsel's Unopposed Motion to Withdraw Current Counsel and to Appoint New Counsel, it is hereby ORDERED that the Office of the Federal Public Defender for the District of Delaware is withdrawn as counsel, and Christopher Koyste, Esquire, a member of the Criminal Justice Act Panel, will be appointed to represent Defendant, James Arthur Ball, III.

BY THE COURT:

HONORABLE JOSEPH J. FARNAN, JR. United States District Court