Order Granting Motion to Withdraw and Appointing Appellate Counsel — USA v. Vazquez (S.D. Fla. No. 1:21-mj-02512, docketed in No. 1:21-cr-20231)

Summary

Document 83, dated December 2, 2021 in Case 21-20231-CR-MIDDLEBROOKS/MCALILEY in the U.S. District Court for the Southern District of Florida, is an order by United States Magistrate Judge Chris McAliley. It grants the Motion to Withdraw of Albert Z. Levin, Esq., Defendant Carlos Vazquez's privately retained trial counsel, which Judge Middlebrooks referred for resolution (ECF Nos. 72, 78). After a hearing that included an ex parte portion, the Court finds that the terms of Mr. Levin's representation do not reasonably encompass appellate representation. The Court also states that it questioned Defendant under oath about his financial resources. It finds that he qualifies for appointed appellate counsel and appoints the Federal Public Defender to represent him on appeal.

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

1 
 
UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
 
Case No. 21-20231-CR-MIDDLEBROOKS/MCALILEY 
 
UNITED STATES OF AMERICA, 
 
Plaintiff, 
 
v. 
 
CARLOS VAZQUEZ, 
 
Defendant. 
______________________________________/ 
 
ORDER GRANTING MOTION TO WITHDRAW AND 
APPOINTING APPELLATE COUNSEL 
 
 
Defendant’s privately retained trial counsel, Albert Z. Levin, Esq., filed a Motion to 
Withdraw and Request for Appointment of Appellate Counsel, which the Honorable 
Donald M. Middlebrooks has referred to me for resolution. (ECF Nos. 72, 78). The Court 
held a hearing on the Motion today. During an ex parte portion of that hearing, the Court 
received information about the funds Defendant paid Mr. Levin for his legal services, and 
the nature of the services Mr. Levin provided Defendant. For the reasons the Court stated 
on the record, which the Court incorporates by reference into this Order, the Court finds 
that the terms and conditions of Mr. Levin’s representation of Defendant do not reasonably 
encompass appellate representation, and the Court therefore GRANTS Mr. Levin’s Motion 
to Withdraw as counsel for Defendant.  
 
The Court questioned Defendant, under oath, about his financial resources, and 
questioned government counsel about information the government has regarding the same. 
Case 1:21-cr-20231-DMM   Document 83   Entered on FLSD Docket 12/03/2021   Page 1 of 2

2 
 
The Court found that Defendant qualifies for the appointment of appellate counsel, and the 
Court hereby APPOINTS the Federal Public Defender to represent Defendant on appeal. 
DONE and ORDERED in chambers in Miami, Florida, this 2nd day of December 
2021. 
_________________________________ 
CHRIS McALILEY 
UNITED STATES MAGISTRATE JUDGE 
 
Copies to: 
The Honorable Donald M. Middlebrooks 
All counsel of record  
 
 
 
Case 1:21-cr-20231-DMM   Document 83   Entered on FLSD Docket 12/03/2021   Page 2 of 2

File and source

File

gov.uscourts.flsd.591071.83.0.pdf

Size

134,773 bytes

SHA-256

aa3d790c04b1e22dd9835f74faafc5bcaa84aa894aa069684a73fc9f01d2a298

Our copy

gov.uscourts.flsd.591071.83.0.pdf

Original

PACER (login required)