Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Graves

United States District Court, E.D. California

February 27, 2018

UNITED STATES OF AMERICA, Plaintiff-Appellee,
v.
ARTHUR J. GRAVES, Defendant-Appellant.

          HEATHER E. WILLIAMS, SBN #122664 Federal Defender CHARLES J. LEE, SBN # 221057 Assistant Federal Defender Branch Chief, Office of the Federal Defender

          RENEWED REQUEST BY THE OFFICE OF THE FEDERAL DEFENDER IN THE EASTERN DISTRICT OF CALIFORNIA TO BE REMOVED AS COUNSEL; DECLARATION; PROPOSED ORDER

          LAWRENCE J. O'NEILL UNITED STATES CHIEF DISTRICT JUDGE

         I, Charles J. Lee, as Branch Chief for Office of the Federal Defender in the Eastern District of California, Fresno, renew the request by our office to be relieved as counsel in the above captioned matter. As set forth in the attached declaration, pursuant to Federal Rules of Criminal Procedure, Rule 11(e), Mr. Graves wishes to challenge his guilty plea entered January 22, 2018. Because one of the primary basis for effectively challenging a guilty plea is to establish that the plea was not entered into knowingly and voluntarily, and because our office counseled Mr. Graves prior to his decision to enter his guilty plea and represented him at his change of plea hearing, our office has an inherent conflict in representing him on his direct appeal, and can no longer communicate with him lest we be seen as in any way trying to influence his decision to appeal. Mr. Graves is entitled to conflict-free counsel that can advise him on the viability of his appeal, which necessarily requires counsel to review the representation that Mr. Graves received prior to and during his change of plea. Because our office was counsel of record, we cannot effectively advise Mr. Graves regarding our representation. Accordingly, our office respectfully requests to be relieved as counsel, and conflict-free panel counsel be appointed. The request is supported by the attached declaration.

         I, Charles J. Lee, declare as follows:

         1. I am the Fresno Office Branch Chief of the Federal Defenders for the Eastern District of California.

         2. The Office of the Federal Defender was appointed to represent Mr. Arthur J. Graves on January 19, 2018, in the Eastern District of California case 1:18-cr-0024-LJO.

         3. Assistant Federal Defender Andrew Wong was assigned to represent Mr. Graves. Mr. Wong met with Mr. Graves prior to his court appearance on January 22, 2018.

         4. On January 22, 2018, Mr. Wong represented Mr. Graves at his court hearing where Mr. Graves entered a guilty plea to the citation at issue.

         5. At the conclusion of his hearing on January 22, 2018, Mr. Wong informed me that Mr. Graves indicated that he wanted to appeal his sentence.

         6. Several days later, Mr. Wong informed me he had contacted Mr. Graves and Mr. Graves reiterated his desire to appeal.

         7. A few days later, Mr. Wong informed me he had a follow up conversation with Mr. Graves to confirm that it was his intent to appeal his sentence only. Mr. Graves indicated that he wanted to challenge his guilty plea as well.

         8. Following that conversation with Mr. Graves, Mr. Wong informed me of Mr. Graves' intent to challenge the entry of his guilty plea. I informed Mr. Wong that we could no longer continue to represent Mr. Graves as Mr. Graves would need to be able to explore the possibility of withdrawing his plea on the basis of ineffective assistance of counsel, which meant we could no longer advise him and should not have any further communication with him. I instructed Mr. Wong to simultaneously file the requested notice of appeal as well as a motion to withdraw as counsel, and instructed our office to identify available panel who would be able to seamlessly take over the case going forward.

         9. Prior to Mr. Wong filing the motion to withdraw, our office contacted CJA panel counsel Karen L. Lynch and confirmed that she would be able to accept appointment in this matter.

         10. On February1, 2018, Mr. Wong filed a motion to withdraw as counsel and requested the appointment of Karen L. Lynch as counsel. On February 7, 2018, this ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.