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United States v. Livingston

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


April 22, 2010

UNITED STATES OF AMERICA
v.
DESHAWN LIVINGSTON

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 22nd day of April, 2010, upon consideration of defendant's pro se motion (Doc. 279) for change of appointed counsel, and it appearing that defendant's current counsel, Laurence C. Kress, Esquire ("Attorney Kress"), "does not take a formal position" on the motion, but "would leave the matter to the Court's considered discretion," (see Doc. 283 at 4), and it further appearing that irreconcilable conflicts have arisen between defendant and Attorney Kress, see 18 U.S.C. § 3006a(c) ("[T]he court may, in the interests of justice, substitute one appointed counsel for another at any stage of the proceedings."); 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), it is hereby ORDERED that:

1. Defendant's motion (Doc. 279) to remove Attorney Kress as counsel is GRANTED.

2. The appointment of Laurence C. Kress, Esquire, as counsel for defendant in the above-captioned case is TERMINATED.

3. Christopher A. Ferro, Esquire, of Griest, Himes, Herrold, Schaumann, Ferro LLP, 129 East Market Street, York, Pennsylvania 17401, telephone number (717) 846-8856, is appointed to represent defendant in the above-captioned case.

4. The Clerk of Court is directed to forward all necessary materials to Christopher A. Ferro, Esquire, as soon as possible.

5. Laurence C. Kress, Esquire, is directed to provide to Christopher A. Ferro, Esquire, the file in the above-captioned case as soon as possible.

CHRISTOPHER C. CONNER United States District Judge

20100422

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