Opinion
Criminal Case No. 11-cr-00283-PAB-1
09-21-2012
UNITED STATES OF AMERICA, Plaintiff, v. 1. ROBERT T. McALLISTER, Defendant.
Judge Philip A. Brimmer
ORDER
This matter is before the Court on the Motion for Leave to Withdraw and for Appointment of New CJA Counsel for Post-Conviction/Appeal Proceedings [Docket No. 150] filed by counsel for defendant Robert T. McAllister. The motion indicates that Mr. McAllister wishes to pursue 28 U.S.C. § 2255 issues that create an irreconcilable conflict of interest with counsel. Having considered the factors discussed in United States v. Porter, 405 F.3d 1136 (10th Cir. 2005), the Court finds an appropriate ground for substitution of counsel. It is
ORDERED that the Motion for Leave to Withdraw and for Appointment of New CJA Counsel for Post-Conviction/Appeal Proceedings [Docket No. 150] is granted. Forrest W. Lewis's representation of defendant Robert T. McAllister is hereby terminated. It is further
ORDERED that an attorney from the Criminal Justice Act panel shall be appointed to represent Mr. McAllister.
BY THE COURT:
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PHILIP A. BRIMMER
United States District Judge