Judgment — United States v. Shibley (Dkt. 153, W.D. Wash. No. 2:20-cr-00174)

Summary

Defense Counsel's Motion to Withdraw as Appellate Counsel and Supporting Declaration in United States of America v. Eric Shibley, Case 2:20-cr-00174-JCC, before the Honorable John Coughenour in the U.S. District Court for the Western District of Washington, Seattle, filed March 8, 2022, as Document 153. Court-appointed attorney Michael Nance asks to withdraw as counsel of record and as appellate counsel, with the motion noted for Friday, March 11, 2022. The declaration states that on March 8, 2022, the court imposed a 48-month sentence and that the defendant wishes to appeal. It states that the case involved tactical judgment calls another attorney might have made differently, asks that another qualified attorney be appointed for the appeal, and undertakes that a timely notice of appeal will be filed.

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Honorable John Coughenour
UNITED STATES DISTRICT COURT 
WESTERN DISTRICT OF WASHINGTON, SEATTLE
UNITED STATES OF AMERICA, 
)
)    No. CR 20-174 JCC
Plaintiff, 
)
)   DEFENSE COUNSEL’S MOTION
)   TO WITHDRAW AS APPELLATE
v. 
)   COUNSEL AND SUPPORTING
)   DECLARATION
ERIC SHIBLEY, 
)   
)  
           Defendant.    )
_________________________________)    Noted:  Friday, March 11, 2022
Motion
Michael Nance, defense counsel for defendant Eric Shibley, moves the court
for an order permitting his withdrawal as counsel of record and as appellate counsel.  
This motion is based on the Fifth and Sixth Amendment rights to due process and 
effective assistance of counsel and the adjoined declaration of counsel.
Dated this 8th day of March, 2022.
/s/ Michael Nance
Declaration
Michael Nance declares as follows:
I am the court-appointed attorney for defendant Eric Shibley.  I have represented 
him throughout most of the investigation of the case and the entirety of trial preparation, 
trial and sentencing.   On March 8, 2022, the Court imposed a 48-month sentence and 
1
Michael Nance  
 
 
 Attorney at Law 
 
 
P.O. Box 11276 
 
 
Bainbridge Island, WA 98110 
 
 
(206) 624-3211
Case 2:20-cr-00174-JCC     Document 153     Filed 03/08/22     Page 1 of 2

advised Mr. Shibley of his right to appeal his judgment and sentence, provided that he file 
a notice of appeal within fourteen days.   Mr. Shibley has expressed a desire to appeal the 
judgment and sentence.  In the absence of a court order a CJA-appointed trial counsel is 
automatically appointed if the case is appealed.
Mr. Shibley’s case involved a number of tactical judgment calls that another 
experienced defense attorney might have made differently.  Mr. Shibley deserves a 
different lawyer on appeal to review the record objectively and advance the most 
meritorious arguments without regard to my effectiveness as his trial counsel. 
Under these circumstances, I request that I be permitted to withdraw as counsel for
Mr. Shibley and that another qualified attorney be appointed in my stead to further
advise and represent him on appeal.   I will assure that a proper notice of appeal is timely 
filed, either by newly appointed appellate counsel or by myself.
I certify the foregoing is true and correct to the best of my knowledge and belief.
March 8, 2022
 /s/ Michael Nance
Bainbridge Island, Washington
2
Michael Nance  
 
 
 Attorney at Law 
 
 
P.O. Box 11276 
 
 
Bainbridge Island, WA 98110 
 
 
(206) 624-3211
Case 2:20-cr-00174-JCC     Document 153     Filed 03/08/22     Page 2 of 2

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