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

Case 3:03-cr-00198-RNC

Document 1061

Filed 01/17/2006

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT

-----------------------------------------------------x UNITED STATES OF AMERICA, Plaintiff VS. CRIMINAL MATTER NO. 3:03CR-198 (RNC)

ANTONIO MARRERO, ET AL, Defendants -----------------------------------------------------x

January 16, 2006

MOTION FOR LEAVE TO WITHDRAW APPEARANCE

Pursuant to Rule 15 of the Local Rules of Civil Procedure, incorporated into the Local Rules of Criminal Procedure at Rule 1(c), undersigned counsel for defendant Antonio Marrero respectfully moves the Court hereby for leave to withdraw his appearance on behalf of the defendant in this matter. In support of this motion, the undersigned provides as follows: 1. On August 4, 2003, the Court appointed undersigned counsel to represent the

defendant in this case, nunc pro tunc for July 24, 2003. Counsel has continued without interruption to represent the interests of the defendant since that date. 2. Undersigned counsel has represented defendant in this case through his

change of plea before the Court and in preparation for the sentencing hearing to be conducted in this case. Since October of 2005, when undersigned counsel was attempting to clarify a problem with defendant's guilty plea and the possibility of a new and better plea offer from the government, counsel has encountered great difficulty in communicating with

Case 3:03-cr-00198-RNC

Document 1061

Filed 01/17/2006

Page 2 of 3

defendant. Since that time, although counsel has met with defendant at Wyatt Detention Facility on two occasions and has corresponded with defendant regularly, it is clear that defendant no longer listens to counsel concerning legal decisions and has relinquished guidance and control on legal matters to a third party defendant will not identify. 3. Undersigned counsel submits that the attorney-client relationship and the

trust between counsel and the defendant has broken down to the point that counsel believes he should withdraw from further representation of defendant in this case. Counsel believes that the appointment of new counsel may assist defendant in obtaining the relief he believes he requires and achieving the plea and sentence he feels he is entitled. 4. In seeking permission to withdraw, counsel has directed a copy of this

motion to defendant and has advised defendant with a letter sent with that motion of the action sought on his behalf. WHEREFORE, in consideration of the foregoing, undersigned counsel for the defendant respectfully moves that this motion be granted and that he be granted permission to withdraw from the further representation of the defendant in this case. MOVANT, JOHN T. WALKLEY Counsel for Defendant Antonio Marrero

By: ____________________________ John T. Walkley 450 Monroe Turnpike, Suite 101 Monroe, Connecticut 06468 Telephone (203) 261-1911 Facsimile (203) 268-1433 Email Address: [email protected] Fed. Bar No. ct04341

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Case 3:03-cr-00198-RNC

Document 1061

Filed 01/17/2006

Page 3 of 3

CERTIFICATION

It is certified hereby that a copy of the foregoing was dispatched via first class mail, postage prepaid, and via facsimile this 16th day of January, 2006, to:

Gordon Hall, Esq. Asst. United States Attorney P.O. Box 1824 New Haven, Connecticut 06508-1824 and via overnight mail to: Mr. Antonio (Ramon) Marrero Donald W. Wyatt Detention Facility 950 High Street Central Falls, Rhode Island 02863-1506

____________________________ John T. Walkley

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