Motion to Withdraw L. Burton Finlayson as Attorney by Carl Delano Torjagbo — USA v. Torjagbo (Dkt. 241, N.D. Ga. No. 1:22-cr-00171)

Summary

Document 241, filed 09/15/25 in Case No. 1:22-cr-00171-MLB-RDC in the United States District Court for the Northern District of Georgia, Atlanta Division, is a Motion to Withdraw as Counsel of Record by L. Burton Finlayson, attorney for the defendant, Karl Lucius Delano a/k/a Carl Delano Torjagbo. The motion states that a jury trial took place from July 21, 2025 through July 25, 2025, that the jury convicted the defendant on all counts (Doc. 226), and that sentencing is scheduled for November 3, 2025 (Doc. 228). It says that on or about September 8, 2025 the defendant filed a pro se 28 U.S.C. 2255 petition containing ineffective assistance allegations against counsel, so counsel cannot represent him in it and the attorney-client relationship appears irretrievably broken. Counsel asks to withdraw and for new CJA counsel to be appointed.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Record facts

Full text

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
UNITED STATES OF AMERICA
)
 
)
v.
)
                                 
)    Case No. 1:22-cr-00171-MLB-RDC
)
  Third Superseding 
CARL DELANO TORJAGBO,
)
a/k/a
)
KARL LUCIUS DELANO.
)
)
____________________________
)
MOTION TO WITHDRAW AS COUNSEL OF RECORD
COMES NOW, L. Burton Finlayson, attorney for the Defendant, Karl
Lucius Delano, a/k/a Carl Delano Torjagbo, and moves to withdraw as counsel of
record. In support of this motion, Attorney Finlayson shows as follows:
1)  The Third Superseding Indictment charged Mr. Delano in Count 1 with bank
fraud in violation of 18 U.S.C. §§ 1344 and 2. Counts 2 and 3 charged wire fraud
in violation of 18 U.S.C. §§ 1343 and 2. Counts 4 through 6 charged concealment
money laundering in violation of 18 U.S.C. §§ 1956(a)(1) B)(I) and 2. Counts 7
through 10 charged transactional money laundering in violation of 18 U.S.C. §§
1957 and 2. (Doc. 198).
Case 1:22-cr-00171-MLB-RDC     Document 241     Filed 09/15/25     Page 1 of 4

2)  On February 24, 2025, Magistrate Judge Cannon appointed the undersigned to
represent Mr. Torjagbo. (Doc. 170). 
3)  A jury trial was conducted before the District Court on July 21, 2025, through
and July 25, 2025. The jury convicted Mr. Delano on all counts. (Doc. 226).
Sentencing is currently scheduled for November 3, 2025. (Doc. 228).
4) On or about September 8, 2025, Mr. Delano filed a pro se motion / petition
pursuant to Title 28 USC § 2255. The § 2255 is docketed as Case Number
1:25-cv-5168-MLB-RDC. (Doc. 1 of 1:25-cv-5168). Attorney Finlayson does not
and cannot represent Mr. Delano in the § 2255 action, as it includes numerous
allegations of constitutional ineffective assistance of counsel (“I.A.C.”) against
Attorney Finlayson. Mr. Delano is currently without counsel in his § 2255.  
5) Given the nature and content of Mr. Delano’s allegations against the
undersigned in his § 2255, counsel must move to withdraw. Should the Court
desire more explicit details or reasons for this motion, counsel will provide them in
an ex parte setting or format. Given the nature and content of Mr. Delano’s
allegations in his § 2255 it appears the attorney-client relationship is irretrievably
2
Case 1:22-cr-00171-MLB-RDC     Document 241     Filed 09/15/25     Page 2 of 4

broken, and the undersigned counsel should no longer represent Mr. Delano.
6) To be clear, Mr. Delano does not wish to represent himself in this criminal case,
1:22-cr-00171.
7) On today’s date, September 15, 2025, the undersigned met with Mr. Delano to
confirm his wishes with respect to the filing of his § 2255. Counsel notified Mr.
Delano both orally and in writing that he would have to move to withdraw given
the nature of Mr. Delano’s allegations. (See attached letter, Exhibit 1).   
WHEREBY, Attorney L. Burton Finlayson asks that he be allowed to
withdraw and that new CJA counsel be appointed for Mr. Delano. 
Dated:  This 15th day of September, 2025.
Respectfully submitted,
 
s/ L. Burton Finlayson 
L. BURTON FINLAYSON
Attorney for Defendant 
Georgia Bar Number: 261460
LAW OFFICE OF
L. BURTON FINLAYSON, LLC 
685 Linwood Avenue, NE, Suite 200A
Atlanta, Georgia 30306
(404) 872-0560
lbfcourts@aol.com
3
Case 1:22-cr-00171-MLB-RDC     Document 241     Filed 09/15/25     Page 3 of 4

CERTIFICATE OF SERVICE
This is to certify that I have this day electronically filed the above motion to
withdraw as counsel of record with the Clerk of Court using the CM/ECF system
which will automatically send email notifications of such filing upon all counsel of
record including the following:
 
      Ms. Kelly Connors, and
      Mr. Nicholas Evert 
     Assistant United States Attorneys
     600 U.S. Courthouse
     75 Ted Turner Drive, S. W.
     Atlanta, Georgia  30303
DATED:  This 15th day of September, 2025.
 s/ L. Burton Finlayson 
L. BURTON FINLAYSON
ATTORNEY FOR DEFENDANT   
State Bar Number: 261460   
  
4
Case 1:22-cr-00171-MLB-RDC     Document 241     Filed 09/15/25     Page 4 of 4

File and source

File

gov.uscourts.gand.303267.241.0.pdf

Size

73,059 bytes

SHA-256

e51b020565f243e87903096c4dd2b420f42807963dbc4ff30f4d90106573a390

Our copy

gov.uscourts.gand.303267.241.0.pdf

Original

PACER (login required)