Opinion
No. CR 10-1760 JB.
August 23, 2011
Kenneth J. Gonzales, United States Attorney, James R.W. Braun, Assistant United States Attorney, Albuquerque, New Mexico, Attorneys for the Plaintiff.
Charles E. Knoblauch, Albuquerque, New Mexico, Attorney for the Defendant.
MEMORANDUM OPINION AND ORDER
THIS MATTER comes before the Court on the Defendant's Motion for New Counsel, filed August 10, 2011 (Doc. 74). In the motion, Defendant Michael Harmon asks the Court to appoint new counsel, alleging that his current counsel has rendered ineffective assistance of counsel, and that he and his current counsel "do not have a meeting of the minds." Motion at 1. Plaintiff United States of America takes no position on this motion. Harmon's current counsel, Charles E. Knoblauch, does not oppose this motion. Because Mr. Knoblauch does not oppose this motion, and because communication between Harmon and Mr. Knoblauch has broken down, see United States v. Beers, 189 F.3d 1297, 1302 (10th Cir. 1999), the Court will grant the motion.
IT IS ORDERED that the Motion for New Counsel, filed August 10, 2011 (Doc. 74), is granted. The Court orders Charles E. Knoblauch removed and orders the clerk's office to appoint new counsel for Defendant Michael Harmon.