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United States v. Smith

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


July 20, 2006

UNITED STATES OF AMERICA
v.
LONDON SMITH A/K/A SHAKIL MUHAMMAD,

The opinion of the court was delivered by: Christopher C. Conner United States District Judge

ORDER

AND NOW, this 20th day of July, 2006, upon consideration of defendant's motion (Doc. 89) to withdraw his guilty plea and remove counsel due to ineffective assistance, in which defendant asserts his innocence and requests the appointment of new counsel to conduct a hearing on the instant motion (see Doc. 101), it is hereby ORDERED that:

1. Defendant's motion (Doc. 89) is GRANTED in part*fn1 as follows:

a. Thomas A. Thornton, Esquire, is TERMINATED as defendant's counsel.*fn2

b. John F. Yaninek, Esquire, of Mette, Evans and Woodside, 3401 North Front Street, P.O. Box 5950, Harrisburg, Pennsylvania, 17110, telephone number (717) 232-5000, is appointed to represent defendant in the above-captioned case.

c. The Clerk of Court is directed to forward all necessary materials to John F. Yaninek, Esquire, as soon as possible.

d. Thomas A. Thornton, Esquire, is directed to provide to John F. Yaninek, Esquire, the file in the above-captioned case as soon as possible.

2. John F. Yaninek, Esquire, shall be permitted to file, on or before August 4, 2006, a supplemental brief supporting defendant's motion to withdraw his guilty plea (Doc. 89), citing to applicable and controlling law.

a. The supplemental brief shall specifically address any additional evidence that would be presented at a hearing regarding defendant's assertion of innocence*fn3 and ineffective assistance of counsel claim.

b. If John F. Yaninek, Esquire, does not file a supplemental brief, the court will proceed on the motion to withdraw the guilty plea (Doc. 89) as filed.


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