Motion — No. 1:22-cr-02059 (Dkt. 50, E.D. Wash.)

Summary

A Motion for Withdrawal of Counsel and for Appointment of New Counsel, ECF No. 50 filed May 24, 2023 in the Eastern District of Washington (Case 1:22-cr-02059-MKD), United States v. Karla L. Padilla-Reyna, filed by her retained attorney Robin C. Emmans of 2nd Street Law PLLC in Yakima. After her sentencing on May 16, 2023, the defendant had questions and concerns about the hearing and the judgment, and has been unable to find replacement counsel while her deadlines for seeking relief approach. Counsel says one issue she will need advice on is effective assistance of counsel, which is why he asks to withdraw and for the Federal Defenders' Office or CJA panel counsel to be appointed, noting there should be no conflict because he was retained rather than 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

Full text

     Case 1:22-cr-02059-MKD    ECF No. 50    filed 05/24/23   PageID.263 Page 1 of 3




 1

 2 Robin C. Emmans

 3
      2nd Street Law PLLC
      217 N. 2nd Street
 4    Yakima, WA 98901
 5    (509) 575-0372 office
      (509) 452-6771 fax
 6    Of Attorneys for Defendant
 7    Karla Padilla-Reyna

 8
                           UNITED STATES DISTRICT COURT
 9                        EASTERN DISTRICT OF WASHINGTON
10

11 UNITED STATES OF AMERICA                      )
12
                                                 ) Case No. 22-cr-2059-MKD-1
                                Plaintiff,       )
13
                                                 )
            vs.                                  ) MOTION TO FOR WITHDRAWAL OF
14
                                                 ) COUNSEL AND FOR APPOINTMENT
                                                 ) OF NEW COUNSEL
15 KARLA L. PADILLA-REYNA,
                                                 )
                                                 )
16
                                                 )
                                                 )
17                              Defendant.

18

19

20                                           MOTION
21          COMES NOW the defendant, Karla L. Padilla-Reyna, through her attorney,
22
      Robin C. Emmans, and moves this court for an order allowing the withdrawal of
23
      current counsel and for the appointment of counsel.
24

25

26

27

28
                                               -1-
                                                                                 217 N. 2nd Street
                                                                              Yakima, WA 98901
                                                                                  (509) 575-0372
                                                                              fax (509) 452-6771
     Case 1:22-cr-02059-MKD     ECF No. 50    filed 05/24/23   PageID.264 Page 2 of 3




 1                                      MEMORANDUM
 2
             After her sentencing on May 16, 2023, Ms. Padilla had questions and concerns
 3

 4 for counsel about the sentencing hearing itself and the court’s judgment. She

 5 immediately began to seek the assistance of other counsel for advice. Current counsel

 6
      assisted in making two specific recommendations, both of which were unavailable to
 7

 8 Ms. Padilla. Her other calls similarly have been fruitless. At the time of filing this

 9 motion, Ms. Padilla has been unable to locate replacement counsel. Her deadlines for
10
      filing for relief are fast approaching. One of the issues on which she will need advice
11

12 is that of effective assistance of counsel, and this is why current counsel seeks

13 withdrawal and the appointment of either the Federal Defenders’ Office or CJA panel

14
      representation. There should be no issue of conflicts of interest with the Federal
15

16 Defenders’ Office, as current counsel was retained rather than appointed. The

17 urgency of the matter, the nature of the analysis which needs to be done, and the

18
      unavailability of other counsel makes withdrawal and appointment of other counsel
19

20 the most effective and most practical means by which Ms. Padilla might obtain sound

21 advice on her options and then make a timely decision on any course of action.

22

23

24                                       CONCLUSION
25           For the foregoing reasons, defense counsel requests permission to withdraw
26
      and requests that appointment of new counsel be made as soon as possible for the
27

28
                                                -2-
                                                                                   217 N. 2nd Street
                                                                                Yakima, WA 98901
                                                                                    (509) 575-0372
                                                                                fax (509) 452-6771
     Case 1:22-cr-02059-MKD    ECF No. 50    filed 05/24/23   PageID.265 Page 3 of 3




 1 purpose of advising Ms. Padilla on whether or not to pursue any avenue of relief from

 2
      judgment.
 3

 4 DATED: May 24, 2023

 5                                          _/Robin C. Emmans___________
                                            Robin C. Emmans, WSBA 37085
 6                                          2nd Street Law PLLC
 7                                          217 N. 2nd Street
                                            Yakima, WA. 98901
 8                                           (509) 575-0372 office
 9                                          (509) 452-6771 fax
                                            Attorney for Karla L. Padilla-Reyna
10                                          robin.emmans@secondstreetlaw.com
11

12
                                CERTIFICATE OF SERVICE
13

14          I hereby certify that on May 24, 2023, I electronically filed the foregoing with
15
      the Clerk of the Court using the CM/ECF System which will send notification of such
16

17
      filing to the following: SAUSA Frieda K. Zimmerman, AUSA Tyler Tornabene, and

18 AUSA Dan Fruchter.

19
                                                       s/ Robin Emmans
20                                                    Robin Emmans, WSBA 37085
21                                                    2nd Street Law PLLC
                                                      217 N. 2nd Street
22                                                    Yakima, WA 98901
23                                                    (509) 575-0372
                                                      (509) 452-6771 (fax)
24                                                    Robin.emmans@secondstreetlaw.com
25

26

27

28
                                                -3-
                                                                                  217 N. 2nd Street
                                                                               Yakima, WA 98901
                                                                                   (509) 575-0372
                                                                               fax (509) 452-6771


File and source

File

50.pdf

Size

167,520 bytes

SHA-256

ed3bacbad6072b291a8f6249ba8b8d86d61919a1dce76a8f0e3aeb76005f9ea5

Our copy

50.pdf

Original

No public link identified.