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

Case 5:07-cr-00362-JF

Document 36

Filed 01/18/2008

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BARRY J. PORTMAN Federal Public Defender NICHOLAS PETER HUMY Assistant Federal Public Defender 160 West Santa Clara Street, Suite 575 San Jose, CA 95113 Telephone: (408) 291-7753 Counsel for Defendant PORTER

IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 10 UNITED STATES OF AMERICA, 11 12 13 14 15 16 The Office of the Federal Public Defender hereby moves to withdraw as counsel in this 17 matter. The reason for this request is that a conflict has developed since Mr. Porter was 18 sentenced on January 8, 2008. 19 On September 12, 2007, Mr. Porter pled guilty to an Information charging him with 20 possession of cocaine base, and with being a felon in possession of a firearm, in violation of Title 21 21 § 844(a) and Title 18 § 922(g)(1). The plea was by Plea Agreement pursuant to Rule 22 11(c)(1)(C) of the Federal Rules of Criminal Procedure, whereby the parties agreed to a sentence 23 of 5 years, the mandatory minimum (given the weight of the cocaine base) for the violation of the 24 Title 21 § 844. The Plea Agreement had a provision that Mr. Porter waived his appellate rights. 25 On January 8, 2008, Mr. Porter was sentenced to 5 years in the custody of the Federal 26
MOT ION TO W ITHDRAW

) ) ) Plaintiff, ) ) vs. ) ) JOAKELLE PORTER, ) ) Defendant. _____________________________________ )

No. CR-07-00362 JF MOTION TO WITHDRAW AS COUNSEL; MOTION FOR APPOINTED COUNSEL; DECLARATION OF COUNSEL Hon. Jeremy Fogel

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Case 5:07-cr-00362-JF

Document 36

Filed 01/18/2008

Page 2 of 2

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Bureau of Prisons. On January 17, 2008, undersigned counsel met with Mr. Porter at the Santa Clara County Main Jail. Mr. Porter informed counsel that he wanted to file an appeal. Counsel informed Mr. Porter that his filing of a Notice to Appeal would create a conflict with the Office of the Federal Defender, and that he would need new counsel if he were to be represented. Mr. Porter said that he understood. The Federal Public Defender hereby moves to withdraw based on the facts asserted above, and on behalf of Mr. Porter moves for appointment of new counsel in this matter. I, Nicholas peter Humy, am an Assistant Federal Public Defender, assigned to handle this matter. By signing and filing this motion, I declare under penalty of perjury that the facts asserted in support of this motion are true and correct.

Executed on this 18th day of January, 2008, in the Northern District of California.

Dated: January 18, 2008 Respectfully submitted, BARRY J. PORTMAN Federal Public Defender __________/s/_______________ NICHOLAS PETER HUMY Assistant Federal Public Defender

MOT ION TO W ITHDRAW

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