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

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

Document 1425

Filed 11/16/2007

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case No. 04-CR-103-RB UNITED STATES OF AMERICA Plaintiff, vs. 6. MIKE SMITH, Defendants. MOTION TO WITHDRAW AS COUNSEL OF RECORD FOR MICHAEL SMITH The undersigned counsel, Declan J. O'Donnell, hereby moves to withdraw as counsel of record for the Defendant Michael Smith pursuant to Local Rule 83.3. In support of said Motion, counsel respectfully states to the Court as follows: 1. Mr. Smith has requested that Mr. O'Donnell withdraw forthwith. Attorney and client mutually agree. 2. That Mr. Smith is represented by counsel of record, Richard Stuckey. 3. Mr. O'Donnell and Mr. Smith do not want any ambiguity about who is handling sentencing. The undersigned counsel hereby certifies that contemporaneously with the filing of this motion he sent Mr. Smith a Notice of his intent to withdraw as attorney in this matter as well as copy of this Motion to Withdraw by first-class mail, postage prepaid. Mr. Smith's last known address is as follows: Michael Smith 7708 N. Napa Street Spokane, WA 99217 Said Notice notified Mr. Smith of the following:

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

Document 1425

Filed 11/16/2007

Page 2 of 3

(a)

That Declan J. O'Donnell wishes to and intends to withdraw as counsel for

Michael Smith in this case. A copy of the Motion to Withdraw as Counsel and Notification Certificate which is being filed with the Court was attached thereto; WHEREFORE, Declan J. O'Donnell prays that this Court enter an Order permitting him to withdraw as counsel of record for Defendant Michael Smith. Respectfully submitted this on the 16th day of November 2007. Respectfully Submitted,

s/ Declan J. O'Donnell Declan J. O'Donnell, #4412 Attorney for Defendant Smith 777 Fifth Street Castle Rock, CO 80104 Phone (303) 688-1193 Facsimile (303) 663-8595 Email: [email protected]

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

Document 1425

Filed 11/16/2007

Page 3 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case No. 04-CR-103-RB UNITED STATES OF AMERICA Plaintiff, vs. 6. MIKE SMITH, Defendants. CERTIFICATE OF SERVICE I hereby certify that on this date a true and correct copy of this foregoing Motion to Withdraw was electronically filed with the Clerk of the court using CM/ECF system which will send notification of such filing to the following and I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participants via first class mail, postage prepaid: Matthew T. Kirsch, AUSA [email protected] Wyatt Angelo, AUSA [email protected] Peter Bornstein, Esq. [email protected] Thomas Hammond, Esq. [email protected] Daniel T. Smith, Esq. [email protected] Thomas Goodreid, Esq. [email protected] Ron Gainor, Esq. [email protected] Mitchell Baker, Esq. [email protected] Richard K. Kornfeld, Esq. [email protected] Richard Stuckey, Esq. [email protected] Michael Smith (Via U.S. Mail) Dated: November 16, 2007 s/ Declan J. O'Donnell Declan J. O'Donnell, PC 777 Fifth Street Castle Rock, CO 80104 Phone (303) 688-1193 Facsimile (303) 663-8595 Email: [email protected] Attorney for Defendant Michael Smith