Free Affidavit - District Court of Connecticut - Connecticut

Case 3:00-cr—00203-EBB Document 34 Filed 01/21/2005 Page 1 of 3
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
UNITED STATES OF AMERICA
Crim. N0. 3:00-CR-00203(EBB)
v.
Violation: Title 18, United States
Code §1962(d) [RICO Conspiracy]
JOHN HACKNEY
MOTION FOR ORDER ALLOWING WITHDRAWAL, FOR AN EXTENSION
OF TIME TO LOCATE SUBSTITUTE COUNSEL,
AND TO APPEAL
Defendant John Hackney, by counsel, respectfully moves this Court for an
extension of time in which to locate and retain substitute counsel and for an extension of
time to file an appeal of his sentence of imprisonment imposed on January 4, 2005 and
entered on January 10, 2005. Defendant Hackney, through counsel, requests this
extension to avoid waiving any rights to appeal under law including, but not limited to,
28 U.S.C. §2255.
Mr. Hackney also requests this extension of time to locate and retain private
counsel or, alternatively, utilize Court appointed counsel. Counsel for Mr. Hackney, now
a member of the judiciary of State of Tennessee, seeks to withdraw due to the inherent
conflict of interest presented by continued representation of Mr. Hackney in any effort to
appeal or otherwise collaterally attack his sentence of imprisonment. Accordingly, Mr.
hackney’s counsel requests an order allowing his withdrawal.

Case 3:00-cr—00203-EBB Document 34 Filed 01/21/2005 Page 2 of 3
While Mr. Hackney’s counsel has lodged a Notice of` Intent to Appeal, Counsel
did so on instruction of` his client, and out of` an abundance of` caution believing first, that
Mr. hackney’s time f`or appeal began running, second, because of` limited discussions
with Mr. Hackney about appealing the sentence of` imprisonment, and finally, so new
counsel, whether the same was retained or appointed, would not be prejudiced by any
delays between the entry of` the Judgment and the appointment/retention. Accordingly,
Mr. Hackney contemporaneously requests an extension of` time up to and including
ninety (90) days in which to retain or appoint counsel and lodge any appeal contemplated
by law including, but not limited to, 28 U.S.C. §2255.
Respectfully submitted,
ANDREWS & BOWE, PLLP
By:CurZis L. Bowe, HI
Curtis L. Bowe, 111
TN BPR 017037
PO. Box 81023
Chattanooga, Tennessee 37414
Office: (423) 593-3536
Attorneys f`or John Hackney
Dated: January 20, 2005
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Case 3:00-cr—00203-EBB Document 34 Filed 01/21/2005 Page 3 of 3
CERTIFICATE OF SERVICE
The undersigned hereby certifies that an exact copy of` the foregoing has been sent
to Mr. John Durham, Assistant United States Attorney, New Haven Office Connecticut
Financial Center 157 Church Street, Floor 23, New Haven, Connecticut 06510 on this the
20th day of` January, 2005.
Curtis L. Bowe, HI
Curtis L .Bowe, III
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