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

Case 1:04-cr-00103-REB-MEH

Document 667

Filed 02/21/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Action No. 04-CR-103-RB UNITED STATES OF AMERICA, Plaintiff, v. 6. MICHAEL SMITH, Defendant.

MOTION TO WITHDRAW AS COUNSEL

COMES NOW, Robert Patrick Sticht, pursuant to L.Cr. 57.5.D and 57.6, and moves to withdraw as counsel for defendant, Michael D. Smith, and in support thereof, states: 1. 2. Mr. Sticht entered his appearance for Mr. Smith on August 31, 2004 (Doc. 161); Good cause to withdraw now exists in that Mr. Smith is unable to fulfill an

agreement or obligation to Mr. Sticht as to fees, expenses, and objectives of the representation; 3. 4. Furthermore, Mr. Smith knowingly and freely assent to Mr. Sticht's withdrawal; Mr. Sticht believes in good faith that the Court would find the existence of other

good cause for withdrawal; 5. Pursuant to the Court's Second Supplemental Scheduling Order entered February

7, 2006 (Doc. 658), the next status conference is set for April 21, 2006, to discuss, inter alia, the setting of a trial date; and 6. Mr. Smith is represented by counsel of record, Declan E. O'Donnell (Doc. 338).

On February 21, 2006, the undersigned counsel attempted to contact Assistant United States Attorneys Matthew Kirsch and Wyatt Angelo to ascertain the government's position on

Case 1:04-cr-00103-REB-MEH

Document 667

Filed 02/21/2006

Page 2 of 3

this motion, and, in their absence, left voicemails to that effect. Respectfully submitted,

/s/ Robert Patrick Sticht Robert Patrick Sticht Law Offices of Robert Patrick Sticht PO Box 49457, Los Angeles, CA 90049 Tel: (310) 889-1950 Fax: (310) 889-1864 Email: [email protected] Attorney for Defendants and Relief Defendants

2

Case 1:04-cr-00103-REB-MEH

Document 667

Filed 02/21/2006

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 21st day of February, 2006, the foregoing Motion To Withdraw As Counsel was electronically filed with the Court using the CM/ECF filing system, which will send notification of the above filing to counsel for the government listed below. Wyatt Burwell Angelo Assistant United States Attorney U.S. Attorneys Office 402 Rood Avenue, #220 Grand Junction, CO 81501 Matthew T. Kirsch Assistant United States Attorney U.S. Attorneys Office 1225 17th Street, #700 Denver, CO 80202

s/ Robert Patrick Sticht Robert Patrick Sticht

3