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

Case 1:00-cr-00363-WYD

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Filed 09/06/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CASE NO. 00-cr-00363-WYD UNITED STATES OF AMERICA, Plaintiff, v. DEVON GLOVER, Defendant. _____________________________________________________________________ MOTION TO WITHDRAW _____________________________________________________________________ The Office of the Federal Public Defender, through Virginia L. Grady, Assistant Federal Public Defender, moves to withdraw from the above-captioned case, and in support thereof, states: 1. Mr. Glover will be before the court on a Petition to Revoke his supervised

release. The most serious violation alleged is a violation of the law, a Grade B violation, based on a conviction occurring in New Mexico, Dona Ana County, Third Judicial District, Case Number CR-2003-0464. Following a plea of guilty in that case, Mr. Glover was sentenced to 10 years in prison. 2. While researching the New Mexico conviction, counsel discovered the

following: The New Mexico case charged Mr. Glover along with a co-defendant, Shanna Marie Dowgiert. Like Mr. Glover, Ms. Dowgiert entered pleas of guilty and was sentenced to probation. Like Mr. Glover, Ms. Dowgiert was also on supervised release in this District, Case Number 03-cr-00165-WDM. The docket in that case tells the rest of the story.

Case 1:00-cr-00363-WYD

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3.

Following the sentencing in New Mexico, Ms. Dowgiert was transferred to

the District of Colorado on a Petition to Revoke Supervised Release. That petition was based, in part, on Ms. Dowgiert's involvement with Mr. Glover in the New Mexico prosecution. This office was unaware that its former client, Mr. Glover, was a codefendant of Ms. Dowgiert. Upon her arrival in the District of Colorado, this office was appointed on the supervised release violation. Robert Pepin was assigned to her case, and represented her through sentencing, which occurred on June 29, 2005. She received a sentence of "time served." Mr. Glover was not returned to this District until this year, due the lengthy prison sentence imposed in New Mexico. 4. Mr. Glover now faces revocation based, in large part, on crimes

committed jointly with another client of this office. Roles in that offense, and comparative penalties, are likely subjects to be raised at Mr. Glover's sentencing here. This connection between the two defendants presents an untenable conflict of interest, which, if permitted, would violate Rule 1.7 of the Colorado Rules of Professional Responsibility. 5. Mr. Glover has been notified of these developments.

Case 1:00-cr-00363-WYD

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Accordingly, this office requests permission to be released from representation of Mr. Glover, and asks that a member of the Criminal Justice Act Panel be appointed. Respectfully submitted, RAYMOND P. MOORE Federal Public Defender

s/ Virginia L. Grady Virginia L. Grady Assistant Federal Public Defender 633 17th Street, Suite 1000 Denver, CO 80202 Telephone: (303) 294-7002 FAX: (303) 294-1192 [email protected] Attorney for Defendant

Case 1:00-cr-00363-WYD

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CERTIFICATE OF SERVICE I hereby certify that on September 6, 2007, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Matthew Kirsch, AUSA [email protected] and I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participant in the manner (mail, hand-delivery, etc.) indicated by the nonparticipant's name: Gary Kruck, USPO email: [email protected] (via email)

Devon Glover Reg. No. 29850-013 c/o Federal Detention Center 9595 W. Quincy Ave. Littleton, CO 80123

(via U.S. Mail)

s/ Virginia L. Grady Virginia L. Grady Assistant Federal Public Defender 633 17th Street, Suite 1000 Denver, CO 80202 Telephone: (303) 294-7002 FAX: (303) 294-1192 [email protected] Attorney for Defendant