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Unopposed MOTION to Withdraw as Attorney and Appointment of CJA Counsel by Emmet Bowens.… — Emmet Bowens (Dkt. 30)
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A Motion to Withdraw and Appointment of CJA Counsel, Document 30 filed 02/17/22 in United States of America v. Emmet Bowens, Case No. 6:21-cr-141-RBD-EJK, in the United States District Court, Middle District of Florida, Orlando Division. Assistant Federal Defender Nicole Mouakar moves to withdraw as counsel for Mr. Bowens, stating that on November 10, 2021 an Indictment charged Mr. Bowens with two counts of alleged wire fraud under 18 U.S.C. § 1343 and one count for an illegal monetary transaction. The motion states that Mr. Bowens has requested counsel to withdraw, that the Assistant United States Attorney does not oppose, and that counsel is ethically required to file it. It asks the Court to allow the Office of the Federal Defender to withdraw, and the certificate of service is dated the 17th day of February 2022.
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“Unopposed MOTION to Withdraw as Attorney and Appointment of CJA Counsel by Emmet Bowens.… — Emmet Bowens (Dkt. 30).”
Original at ecf.flmd.uscourts.gov, No. 6:21-cr-00141-RBD-NWH, Doc. 30. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/emmet-bowens-flmd-396523/undated-gov-uscourts-flmd-396523-30-0-gov-uscourts-flmd-396523-30-0/
, SHA-256 049b0b4d33e47e67cedf99d9ec2e2b241935fc2c0e56190dc2b299515241c592.Full text
Case 6:21-cr-00141-RBD-NWH Document 30 Filed 02/17/22 Page 1 of 4 PageID 77
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v. Case No: 6:21-cr-141-RBD-EJK
EMMET BOWENS,
Defendant.
/
MOTION TO WITHDRAW AND APPOINTMENT OF CJA COUNSEL
Assistant Federal Defender Nicole Mouakar, on behalf of the Office of the
Federal Defender, counsel of record in the above-styled cause, files this Motion to
Withdraw as Counsel for Mr. Emmet Bowens, and as grounds therefore states as
follows:
1. On November 10, 2021, an Indictment was filed in the above styled case
charging Mr. Emmet Bowens with two counts of alleged wire fraud in violation of 18
U.S.C. § 1343 and one count for an illegal monetary transaction in violation of U.S.C.
§ 1957 and 2. Doc.1.
2. On December 3, 2021, Mr. Bowens was arrested in the Northern
District of Georgia where he appeared before the Magistrate Judge Linda T. Walker
and was released under conditions of supervision. Doc 7.
3. On December 16, 2021, Mr. Bowens appeared for his in-district initial
appearance before the Magistrate Judge Embry J. Kidd. Doc. 10. At the hearing, Mr.
Case 6:21-cr-00141-RBD-NWH Document 30 Filed 02/17/22 Page 2 of 4 PageID 78
Bowens entered a plea of not guilty and the Federal Defender’s Office was appointed
to the case. Docs. 10 and 13. A status conference was scheduled for January 13, 2022,
while Trial term was scheduled for February 2022. Doc. 16.
4. Undersigned counsel filed her Notice of Appearance in this case on
December 17, 2021. Doc 17.
5. On January 13, 2022, a telephonic status hearing was held before the
Honorable Judge Roy B. Dalton where Defense counsel requested a continuance of
the trial term and an extension of the motion’s deadline. Docs. 26 and 27. This Court
granted the Defense’s motion to continue without opposition from the Government
and rescheduled the trial term for April 2022. Docs. 28.
6. Mr. Bowens has now requested undersigned counsel to withdraw from
his case.
7. Undersigned counsel has contacted Assistant United States Attorney,
Amanda Sterling Daniels, who does not oppose this motion.
MEMORANDUM
A defendant has the right to be represented by an attorney who is free from
conflicts of interests between him and his attorneys. Rule 4-1.16(b)(2) states that
withdrawal is allowed if: “the client insist upon taking action that the lawyer considers
repugnant, imprudent, or which the lawyer has fundamental disagreement.” Rule 4-
1.16(b)(5) further provides a catch-all that withdrawal is allowed when “other good
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Case 6:21-cr-00141-RBD-NWH Document 30 Filed 02/17/22 Page 3 of 4 PageID 79
cause for withdrawal exists.” Rule 4-10(a) requires all attorneys in a firm to be treated
as one. At the request of Mr. Bowens and upon careful consideration of the
confidential facts underlying this motion, undersigned counsel believes that she is
ethically required to file this motion seeking to withdraw from further representation
of Mr. Bowens.
WHEREFORE, for the foregoing reasons, Mr. Bowens and undersigned
counsel, requests that this Court enter an order allowing the Office of the Federal
Defender to withdraw as counsel of record in the above-styled case.
Respectfully submitted,
A. FITZGERALD HALL, ESQ.
FEDERAL DEFENDER, MDFL
/s/ Nicole Mouakar
Nicole Mouakar, Esq.
Florida Bar No. 0074389
Office of the Federal Defender
201 South Orange Avenue, Suite 300
Orlando, FL 32801
Telephone: 407-648-6338
Fax: 407-648-6095
E-Mail: Nicole_mouakar@fd.org
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Case 6:21-cr-00141-RBD-NWH Document 30 Filed 02/17/22 Page 4 of 4 PageID 80
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that undersigned electronically filed the foregoing
Motion to Withdraw and Immediate Appointment of CJA Counsel with the Clerk of Court
(CM/ECF) by using the CM/ECF system which will send a notice of electronic filing
to Amanda Sterling Daniels, Assistant United States Attorney, this 17th day of
February 2022.
/s/ Nicole Mouakar
Attorney for Defendant
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