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United States v. Gomez

United States District Court, Ninth Circuit, California, E.D. California, Fresno Division
Dec 26, 2013
1:11-CR-00112-LJO (E.D. Cal. Dec. 26, 2013)

Opinion

          ANTHONY P. CAPOZZI, CSBN: 068525 NICHOLAS A. CAPOZZI, CSBN: 275568 LAW OFFICES OF ANTHONY P. CAPOZZI. Fresno, California, Attorney for Defendant.


          MOTION AND ORDER TO WITHDRAW AS ATTORNEY OF RECORD

          LAWRENCE J. O'NEILL, District Judge.

         Anthony P. Capozzi, attorney for Defendant, Gerardo Rosas Gomez, hereby moves to withdraw as attorney of record. The Defendant has requested that a Notice of Appeal be filed. The Defendant was sentenced on December 9, 2013, and the Judgment was entered on December 17, 2013. The Notice of Appeal is due on or before December 31, 2013.

         The Defendant is without funds to retain an attorney for the appeal of his sentence and requests that an attorney be appointed to proceed with his appeal. Said request is based on the Declaration of Anthony P. Capozzi.

         Declaration of Anthony P. Capozzi

         I, Anthony P. Capozzi, declare that I am an attorney licensed to practice law in the State of California and in good standing. I am counsel of record for Defendant, Gerardo Rosas-Gomez. I have personal knowledge of the facts stated below and could testify competently to them if required.

         1. This attorney was retained to represent the Defendant, Gerardo Rosas-Gomez, on January 24, 2013.

         2. On December 9, 2013, Mr. Rosas-Gomez was sentenced. On December 17, 2013, the Judgment was entered. Mr. Rosas-Gomez has required that a Notice of Appeal be filed, which is due on or before December 31, 2013. Mr. Rosas-Gomez is without funds to retain an attorney and is requesting that he be allowed to proceed In Forms Pauperis.

         3. Mr. Rosas-Gomez has been detained at the Lerdo Facility in Kern County, but is presently at the Nevada Southern Detention Center in Pahrump, Nevada. His U.S. Marshal's number is XXXXX-XXX.

         4. It is respectfully requested that this attorney be allowed to withdraw as attorney of record and that another attorney be appointed to file a Notice of Appeal.

         I further affirm under penalty of perjury, pursuant to the laws of the United States of America, and to the State of California, that the foregoing is true and correct to the best of my knowledge, as executed on the 20th day of December 2013, in Fresno, California.

          ORDER

         For the reasons forth above, Defense Counsel's Motion to Withdraw as Attorney of Record is GRANTED.

         IT IS SO ORDERED.


Summaries of

United States v. Gomez

United States District Court, Ninth Circuit, California, E.D. California, Fresno Division
Dec 26, 2013
1:11-CR-00112-LJO (E.D. Cal. Dec. 26, 2013)
Case details for

United States v. Gomez

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. GERARDO ROSAS GOMEZ, Defendant.

Court:United States District Court, Ninth Circuit, California, E.D. California, Fresno Division

Date published: Dec 26, 2013

Citations

1:11-CR-00112-LJO (E.D. Cal. Dec. 26, 2013)