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

Case 1:04-cr-00423-MSK

Document 52

Filed 10/13/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CASE NO. 04-cr-00423-MSK UNITED STATES OF AMERICA, Plaintiff, v. 1. CHRISTINA D. ORTIZ, Defendant. ______________________________________________________________________________ MOTION TO WITHDRAW AS COUNSEL OF RECORD ______________________________________________________________________________ Undersigned counsel respectfully moves this Court to withdraw as counsel of record for Christina Ortiz, and in support of this motion, states as follows: 1. On April 10, 2006, the Office of the Federal Public Defender was appointed to represent Mr. Ortiz on a violation of supervised release. Undersigned counsel entered his appearance on April 13, 2006. 2. On May 25, 2006, this Court held a violation hearing in which Ms. Ortiz admitted several violations of supervised release. This Court continued sentencing in order to monitor Ms. Ortiz's progress. 3. On August 31, 2006, the United States filed a motion asking this Court to set a sentencing hearing on the matter. That same date, this Court granted the motion and set a sentencing hearing for October 16, 2006, at 1:30 p.m. 4. On October 12, 2006, the United States filed a supplemental motion for this sentencing hearing. In speaking with Assistant United States Attorney James Allison about this motion, undersigned counsel learned of a conflict that prohibits either undersigned counsel or the Office

Case 1:04-cr-00423-MSK

Document 52

Filed 10/13/2006

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of the Federal Public Defender from continuing to represent Ms. Ortiz on this matter. This conflict arises out of the Federal Public Defender Office's representation of a prior client. WHEREFORE, undersigned counsel respectfully moves this Court for an Order removing counsel and the Office of the Federal Public Defender from this case. Respectfully submitted, RAYMOND P. MOORE Federal Public Defender

s/ Scott T. Varholak SCOTT T. VARHOLAK Office of the Federal Public Defender 633 - 17th Street, Suite 1000 Denver, Colorado 80202 Telephone: (303) 294-7002 FAX: (303) 294-1192 E-mail: [email protected] Attorney for Defendant

Case 1:04-cr-00423-MSK

Document 52

Filed 10/13/2006

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on October 13, 2006, I electronically filed the foregoing MOTION TO WITHDRAW AS COUNSEL OF RECORD with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses:

James Allison, Assistant United States Attorney [email protected]

s/ Scott T. Varholak Scott T. Varholak Assistant Federal Public Defender Attorney for Defendant 633 - 17th Street, Suite 1000 Denver, Colorado 80202 (303) 294-7002 (303) 294-1192 [email protected]