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

Case 1:04-cr-00371-EWN

Document 69

Filed 07/17/2007

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CASE NO. 04-cr-00371-EWN UNITED STATES OF AMERICA, Plaintiff, v. 1. BRYAN LEE-HARPER, Defendant. ______________________________________________________________________________ MOTION TO WITHDRAW AS COUNSEL OF RECORD ______________________________________________________________________________ The Office of the Federal Public Defender, by and through undersigned counsel, hereby moves to withdraw as counsel of record, and as grounds therefore, states as follows: 1. Undersigned counsel previously represented Mr. Lee-Harper on this matter. Because of a conflict with another client, the Office of the Federal Public Defender was removed and John F. Sullivan, III, appointed to represent Mr. LeeHarper. 2. Following a petition on an alleged supervised release violation, the Court again appointed the Office of the Federal Public Defender to represent Mr. Lee-Harper. 3. The conflict that originally necessitated counsel's removal from this case still exists. As a result, neither counsel nor the Office of the Federal Public may ethically continue to represent Mr. Lee-Harper.

Case 1:04-cr-00371-EWN

Document 69

Filed 07/17/2007

Page 2 of 3

WHEREFORE, the Office of the Federal Public Defender respectfully requests that this Court issue an Order removing the Office of the Federal Defender and appointing an attorney from the Criminal Justice Act Panel. 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-00371-EWN

Document 69

Filed 07/17/2007

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on July 17, 2007, 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:

Gregory Allen Holloway [email protected] and I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participants in the manner (mail, hand-delivery, etc.) indicated by the non-participant's name:

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]