Memorandum Regarding Motion for Review of Magistrate Order — No. 2:22-cr-00073 (Dkt. 115, W.D. Wash.)

Summary

A Memorandum Regarding Motion for Review of Magistrate Order, Document 115, filed March 24, 2023 in United States v. Donte Jamal McClellon, No. CR22-073-LK (Case 2:22-cr-00073-LK), in the U.S. District Court for the Western District of Washington at Seattle, before Judge Lauren King. It is submitted by the defendant's counsel, Kristen V. Murray and Emma C. Scanlan, in response to the court's March 14, 2023 request for supplemental briefing on whether his Motion for Review of Magistrate Order (Dkt. 104) is moot. The memorandum recounts his two motions for new counsel and says the magistrate judge's ruling on the second motion does not appear to moot the first.

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“Memorandum Regarding Motion for Review of Magistrate Order — No. 2:22-cr-00073 (Dkt. 115, W.D. Wash.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/memorandum-regarding-motion-for-review-of-magistrate-order-no-2-22-cr-5bfe12f208/, SHA-256 53e857544744b46acf8f8b23df1e904318a588bfa5af173ed41858ca348fe117.

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                 Case 2:22-cr-00073-LK Document 115 Filed 03/24/23 Page 1 of 4




 1                                                                      Judge Lauren King

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                         UNITED STATES DISTRICT COURT FOR THE
 6                         WESTERN DISTRICT OF WASHINGTON
                                     AT SEATTLE
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     UNITED STATES OF AMERICA,
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                           Plaintiff,                   No. CR22-073-LK
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            v.                                          MEMORANDUM REGARDING MOTION
11                                                      FOR REVIEW OF MAGISTRATE ORDER
     DONTE JAMAL MCCLELLON,
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                           Defendant.
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             On March 14, 2023, this Court requested counsel provide supplemental briefing on
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     whether Mr. McClellon’s Motion for Review of Magistrate Order filed on February 28, 2023 (Dkt.
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     104) is moot in light of the magistrate’s ruling denying Mr. McClellon subsequent motion for new
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     counsel. (Dkt. 106, 108). Counsel for Donte McClellon, Kristen V. Murray and Emma C. Scanlan,
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19   hereby respectfully submit this memorandum in response to the Court’s request.

20          The Federal Public Defender’s office was appointed to represent Mr. McClellon on May

21   19, 2022. (Dkt. 5). On January 31, 2023 the Court heard and granted Defense counsel’s Motion

22   to Withdraw and for Appointment of CJA Counsel. (Dkt. 85). Ms. Scanlan was appointed to
23   represent Mr. McClellon on February 2, 2023. (Dkt. 88). Ms. Murray was appointed as second
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     counsel for Mr. McClellon on February 6, 2023. (Dkt. 93).
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      MEMORANDUM REGARDING MOTION                           HART JARVIS MURRAY CHANG
      FOR REVIEW OF MAGISTRATE ORDER                           155 NE 100TH STREET SUITE 210
      USA v. Donte McClellon, CR22-073 LK                            SEATTLE, WA 98125
                                                                      TEL: 206-735-7474
                                                                      FAX: 206-260-2950
                 Case 2:22-cr-00073-LK Document 115 Filed 03/24/23 Page 2 of 4




 1               On February 9, 2023, newly appointed Defense counsel filed a Motion to Continue Trial.

 2   The Government did not oppose the motion. Mr. McClellon objected to continuance of his trial
 3   date. (Dkt. 96). The parties appeared before the Court to be heard on the continuance motion on
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     February 14, 2023. (Dkt. 98). During the hearing, Mr. McClellon made an oral motion for new
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     counsel. Id. The Court referred Mr. McClellon’s motion to a magistrate judge and deferred ruling
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     on the Motion to Continue Trial. Id.
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             On February 17, 2023, Mr. McClellon’s motion for new counsel was heard by Magistrate
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     Judge Michelle L. Peterson. (Dkt. 101). Judge Peterson denied the motion. Id. On February 28,
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     2023, Mr. McClellon filed a Motion for Review of the Magistrate’s Order denying his request for
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11   the appointment of new counsel. (Dkt. 104). While that motion was pending before this Court,

12   Mr. McClellon submitted a second motion for the appointment of new counsel. (Dkt. 106). The

13   Court referred Mr. McClellon’s second motion for the appointment of new counsel to Judge

14   Michelle L. Peterson and a hearing was held on March 10, 2023. (Dkt. 108). After a hearing,

15   Judge Peterson denied Mr. McClellon’s second motion for the appointment of new counsel. Id.
16               Mr. McClellon has sought the appointment of new counsel on two separate occasions for
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     different reasons. The reasons Mr. McClellon put forth for the appointment of counsel at the
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     hearing held in front of Judge Peterson on February 17, 2023 were different from the basis Mr.
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     McClellon put forth at the hearing held in front of Judge Peterson on March 10, 2023. Although
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     both motions were made by Mr. McClellon and not joined by his counsel, it does appear that Judge
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     Peterson’s ruling on the second motion does not moot Mr. McClellon’s Motion for Review of the
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     Magistrate’s Order denying his request for the appointment of new counsel. (Dkt. 104).
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24          //

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      MEMORANDUM REGARDING MOTION                             HART JARVIS MURRAY CHANG
      FOR REVIEW OF MAGISTRATE ORDER                             155 NE 100TH STREET SUITE 210
      USA v. Donte McClellon, CR22-073 LK                              SEATTLE, WA 98125
                                                                        TEL: 206-735-7474
                                                                        FAX: 206-260-2950
             Case 2:22-cr-00073-LK Document 115 Filed 03/24/23 Page 3 of 4




 1        DATED this the 24th day of March, 2023.

 2                                           Respectfully Submitted,
 3                                           /s/ Kristen Murray
                                             Kristen V. Murray, WSBA #36008
 4                                           Hart Jarvis Murray Chang PLLC
                                             155 NE 100th Street, Ste. 210
 5                                           Seattle, WA 98125
                                             (206) 735-7474
 6                                           (206) 260-2950 (fax)
                                             kmurray@hjmc-law.com
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 8                                           /s/ Emma Scanlan
                                             Emma C. Scanlan, WSBA #37835
 9                                           Scanlan Law, PLLC
                                             506 2nd Ave., Ste. 1400
10                                           Seattle, WA 98104
                                             (206) 237-0677
11                                           emma@emmascanlanlaw.com

12                                           Attorneys for Donte Jamal McClellon
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     MEMORANDUM REGARDING MOTION                       HART JARVIS MURRAY CHANG
     FOR REVIEW OF MAGISTRATE ORDER                       155 NE 100TH STREET SUITE 210
     USA v. Donte McClellon, CR22-073 LK                        SEATTLE, WA 98125
                                                                 TEL: 206-735-7474
                                                                 FAX: 206-260-2950
               Case 2:22-cr-00073-LK Document 115 Filed 03/24/23 Page 4 of 4




 1                                    CERTIFICATE OF SERVICE

 2          I hereby certify that on March 24, 2023 I electronically filed the foregoing with
 3   the Clerk of the Court using the CM/ECF system which will send notification of such
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     filing to all participating counsel for this cause number.
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     s/Kristen Murray
 7   Kristen V. Murray, WSBA No. 36008
     Hart Jarvis Murray Chang PLLC
 8   155 NE 100th Street Suite 830
     Seattle, WA 98125
 9   206-735-7474
     206-260-2950 (fax)
10   kmurray@hjmc-law.com
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     Attorney for Mr. Donte McClellon
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      MEMORANDUM REGARDING MOTION                                 HART JARVIS MURRAY CHANG
      FOR REVIEW OF MAGISTRATE ORDER                               155 NE 100TH STREET SUITE 210
      USA v. Donte McClellon, CR22-073 LK                                SEATTLE, WA 98125
                                                                          TEL: 206-735-7474
                                                                          FAX: 206-260-2950

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