Filed: Dec. 26, 2013
Latest Update: Dec. 26, 2013
Summary: 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
Summary: 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 ..
More
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 68882-097.
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.
