Unopposed MOTION to Withdraw as Attorney and Appointment of CJA Counsel by Emmet Bowens.… — Emmet Bowens (Dkt. 30)

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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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