Court filing

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

Filed March 8, 2022 in Shibley; one of 139 filings from this case.

Record facts

Court	U.S. District Court for the Western District of Washington
Filed	2022-03-08

U.S. District Court for the Western District of Washington · No. 2:20-cr-00174-JCC · Doc. 153 · 2022-03-08 · Docket on CourtListener

Full text

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