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United States v. Avila

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


November 10, 2009

UNITED STATES OF AMERICA
v.
ANTONIO AVILA, DEFENDANT

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 10th day of November, 2009, upon consideration of defendant's pro se motion (Doc. 1464) to remove his counsel, Peter B. Foster, Esquire ("Attorney Foster"), due to ineffective assistance, and to appoint new counsel, and upon further consideration of Attorney Foster's motion (Doc. 1482) to withdraw as counsel for defendant, and it appearing that irreconcilable conflicts have arisen between defendant and Attorney Foster,*fn1 and the court finding that defendant is financially unable to pay counsel,*fn2 see 18 U.S.C. § 3006a(c) ("If at any stage of the proceedings, . . . the court finds that the person is financially unable to pay counsel whom he had retained, it may appoint counsel . . . as the interests of justice may dictate."); United States v. Welty, 674 F.2d 185, 188 (3d Cir. 1982) (identifying "irreconcilable conflict" as cause for appointing substitute counsel); see also PA. RULES PROF'L CONDUCT R. 1.7, 1.16; UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA, CRIMINAL JUSTICE ACT PLAN at 8 (2005), and the court concluding that the interests of justice dictate appointment of new counsel, it is hereby ORDERED that:

1. Defendant's motion (Doc. 1464) to remove Attorney Foster as counsel is GRANTED.

2. Attorney Foster's motion (Doc. 1482) to withdraw as counsel for defendant is GRANTED.

3. Erin Zimmerer, Esquire, 60 South Main Street, Manheim, Pennsylvania 17545, telephone number (717) 665-1315, is appointed to represent defendant in the above-captioned case, pursuant to 18 U.S.C. § 3006a.

4. The Clerk of Court is directed to forward all necessary materials to Erin Zimmerer, Esquire, as soon as possible.

5. Peter B. Foster, Esquire, is directed to provide to Erin Zimmerer, Esquire, the file in the above-captioned case as soon as possible.

CHRISTOPHER C. CONNER United States District Judge


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