MOTION TO WITHDRAW AS COUNSEL; ORDER

KIMBERLY J. MUELLER, District Judge.

On October 6, 2015, Defendant, GENNARO DIMATTEO, filed a Motion Reduce his sentence pursuant to 18 U.S.C. § 3582(c)(2). CR 50. At that time the undersigned filed a Notice of Non-Supplementation of Defendant's Pro Se Motion because United States v. Austin, 676 F.3d 924 (9th Cir. 2012) was prevailing caselaw and precluded relief for Mr. DiMatteo because he was sentenced pursuant to Federal Rule of Criminal Procedure 11(c)(1)(C). CR 51. The government opposed the motion January 15, 2016, on the similar grounds that the form and substance of the plea agreement, entered pursuant to Federal Rule of Criminal Procedure 11(c)(1)(C), precluded him from relief under United States v. Austin, 676 F.3d 924 (9th Cir. 2012). CR 53. The Court has not ruled on the motion.

On September 1, 2016, the undersigned filed a Defense Brief in Supplement to Pro Se Motion in light of United States v. Davis, 2016 WL 3245043 (June 13, 2016). CR 55. After further review, the Office of the Federal Defender has determined it has a conflict in this case. Because of the conflict, we hereby withdraw the previously filed Defense Brief (CR 55) and ask the Court to relieve our office as counsel and appoint, John Balazs to represent Mr. DiMatteo in his Motion to Reduce Sentence pursuant to 18 U.S.C. § 3582(c)(2).

This motion to withdraw as counsel is unopposed by Assistant United States Attorney, Todd Pickles.

ORDER

Pursuant to General Order No. 546 and the provisions of the Criminal Justice Act, 18 U.S.C. §§3006A(a)(1) and (c), and in accordance with the retroactive application of the United States Sentencing Commission's Amendment 782, CJA Panel Attorney, John Balazs, is hereby appointed effective, September 2, 2016 the date the Office of the Federal Defender first contacted him.