Motion to Appoint Co-Counsel — No. 2:20-cr-00231 (Dkt. 184, D. Nev.)

Summary

A Motion to Appoint Co-Counsel, Document 184 filed March 22, 2023 in the District of Nevada (Case 2:20-cr-00231-APG-NJK), United States v. Brandon Casutt, filed by attorney Christopher S. Mishler of Brown Mishler, PLLC. It asks the court to appoint William H. Brown, Mishler's law partner and a CJA panel member, as co-counsel, citing the Guide to Judicial Policies and Procedures, Vol. 7, Ch. 2 § 230.53.20(b). The memorandum recounts that the defendant, charged with bank fraud, wire fraud, false statement to a financial institution and money laundering, pleaded guilty on the eve of trial, then moved to withdraw the plea and was given new counsel and a deadline for a new motion. It cites the volume of discovery and counsel's lengthy trial. A proposed order follows.

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     Case 2:20-cr-00231-APG-NJK Document 184 Filed 03/22/23 Page 1 of 8




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      CHRISTOPHER S. MISHLER, ESQ. (14402)
      BROWN MISHLER, PLLC
2     911 N. Buffalo Dr., Ste. 202
3     Las Vegas, Nevada 89128
      Tel: (702) 816-2200
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      Email: CMishler@BrownMishler.com
5     Attorney for Defendant
      Brandon Casutt
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7                          UNITED STATES DISTRICT COURT
                                DISTRICT OF NEVADA
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9     UNITED STATES OF AMERCIA,                       2:20-cr-231-APG-NJK
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                          Plaintiff,                MOTION TO APPOINT
11    vs.                                              CO-COUNSEL
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      BRANDON CASUTT,
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14                        Defendant.

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              Defendant Brandon Casutt respectfully asks the Court to appoint Mr.
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18    William H. Brown as co-counsel. The nature and time-constraints of this
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      case are such that the interests of justice require appointment of co-counsel
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      and Mr. Brown (current counsel’s law partner) is well suited to serve that
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     Case 2:20-cr-00231-APG-NJK Document 184 Filed 03/22/23 Page 2 of 8




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           This motion is made and based upon Guide to Judicial Policies and

2     Procedures, Vol 7, Ch 2 § 230.53.20(b), the attached memorandum of points
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      and authorities, the pleadings and papers on file herein, and any argument to
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5     be entertained by the Court.
6          Dated: March 21, 2023
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           Respectfully submitted,
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       By: /s/ Christopher S. Mishler
10         CHRISTOPHER S. MISHLER, ESQ. (14402)
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           BROWN MISHLER, PLLC
           911 N. Buffalo Dr., Ste. 202
12         Las Vegas, Nevada 89128
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           Tel: (702) 816-2200
           Email: CMishler@BrownMishler.com
14         Attorney for Defendant
15         Brandon Casutt

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     Case 2:20-cr-00231-APG-NJK Document 184 Filed 03/22/23 Page 3 of 8




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                                 MEMORANDUM OF
                              POINTS AND AUTHORITIES
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3          A. BACKGROUND

4             This is a case in which the government asserts the Defendant engaged
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      in a bank fraud, wire fraud, false statement to a financial institution, and
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7     money laundering/concealment.1 The case was originally set for trial, but on
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      the eve of trial Defendant entered a guilty plea pursuant to a plea
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      agreement.2 Prior to the sentencing date, Defendant filed a pro per motion to
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11    replace counsel and to withdraw his guilty plea.3 Following a hearing on the
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      issue raised in that motion, the Court determined that new counsel should be
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14    appointed to represent Defendant going forward.4 Finally at a status hearing

15    on the issue of the outstanding motion to withdraw plea, the court deemed
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      the pro per motion to withdraw his plea, to be withdrawn, and set a deadline
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18    to file a new motion through counsel of June 20, 2023.5
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              As the Court is aware from the most recent hearing, counsel for
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      Defendant has a lengthy trial before Judge Navarro that will limit his ability
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      1 See EFC No. 12.
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25    2 See ECF No. 151, 153.


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      3
          See ECF No. 170.
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          See ECF No. 175.
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          See ECF No. 182.

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     Case 2:20-cr-00231-APG-NJK Document 184 Filed 03/22/23 Page 4 of 8




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      to digest the discovery in the present case in a timely manner. In addition,

2     this case contains a sufficiently large amount of discovery that when counsel
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      raised the issue at the March 1, 2023 hearing, a proposed solution of adding
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5     co-counsel to assist present counsel. This addition would allow for the
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      complete review of discovery and researching/drafting a motion to withdraw
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      plea in accordance with the Court’s shortened deadline of June 30, 2023. In
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9     addition, this will allow current counsel and proposed additional co-counsel to
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      most efficiently prepare for trial in the event that the motion is successful, as
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      there would be a shortened timeline for trial prep if such a motion were

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         B. APPOINTMENT OF CO-COUNSEL
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16          This case warrants the appointment of co-counsel because it is on a
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      shortened timeline and has more discovery than a single attorney can review
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      in the hours available to do so before the Courts deadline of June 30, 2023.
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20          “In an extremely difficult case where the court finds it in the interest of
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      justice to appoint an additional attorney, each attorney is eligible to receive
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      the maximum compensation allowable under the CJA” Guide to Judicial

24    Policies and Procedures, Vol 7, Ch 2 § 230.53.20. Additionally, the Guide
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      provides that the Court’s order must include a finding that “the appointment
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27    of an additional attorney in a difficult case was necessary and in the interests

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      of justice.” § 230.53.20 (b).


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     Case 2:20-cr-00231-APG-NJK Document 184 Filed 03/22/23 Page 5 of 8




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            This case involves a substantial amount of discovery (including bank

2     records, loan applications, transcripts from previous hearings, three digital
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      forensic images, and many witnesses which would need to be interviewed).
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5           The defense has conferred with CJA Resource Counsel, who agrees, and
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      recommends appointment of co-counsel. When the issue was raised with
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      Judge Gordon, he acknowledged that he would look favorably upon such
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9     appointment in this case to assist current counsel.
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            The defense’s preferred co-counsel, Mr. Brown, is current defense
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      counsel’s law partner, a member of the CJA panel, and has conducted many

13    federal criminal trials including one with current counsel United States v.
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      Thayer and was instrumental in securing an acquittal at trial on three out of
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16    five fraud charges. See 2:21-cr-53 ECF No. 116 (verdict). Mr. Brown is
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      capable, well-qualified, acknowledges the shortened timeframe for discovery
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      review, and is willing to assume co-counsel duties in this case.
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20          For all these reasons, the defense respectfully asks that the Court enter
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      an order appointing Mr. Brown co-counsel for Mr. Casutt.
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            Dated: March 21, 2023
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24          Respectfully submitted,
25     By: /s/ Christopher S. Mishler
26         CHRISTOPHER S. MISHLER, ESQ. (14402)
           BROWN MISHLER, PLLC
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           Attorney for Defendant
28         Brandon Casutt


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     Case 2:20-cr-00231-APG-NJK Document 184 Filed 03/22/23 Page 6 of 8




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2                           CERTIFICATE OF SERVICE
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            I hereby certify that I am an employee of BROWN MISHLER, PLLC,
4     and that on this date I e-filed and e-served, via the Court’s CM/ECF filing
      system, the foregoing MOTION TO APPOINT CO-COUNSEL to the
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      parties of record.
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         Date: March 21, 2023 By:
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8          /s/ Christopher Mishler
           Employee of BROWN MISHLER, PLLC
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     Case 2:20-cr-00231-APG-NJK Document 184 Filed 03/22/23 Page 7 of 8




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      CHRISTOPHER S. MISHLER, ESQ. (14402)
      BROWN MISHLER, PLLC
2     911 N. Buffalo Dr., Ste. 202
3     Las Vegas, Nevada 89128
      Tel: (702) 816-2200
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      Email: CMishler@BrownMishler.com
5     Attorney for Defendant
      Brandon Casutt
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7                         UNITED STATES DISTRICT COURT
                               DISTRICT OF NEVADA
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9     UNITED STATES OF AMERCIA,                         2:20-cr-231-APG-NJK
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                         Plaintiff,                      [PROPOSED]
11    vs.                                             ORDER TO APPOINT
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                                                        CO-COUNSEL
      BRANDON CASUTT,
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14                       Defendant.

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17          Counsel for defendant Brandon Casutt has moved for an order
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      appointing co-counsel in this case. The motion seeking appointment of co-
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20    counsel explains the nature of the case, the difficulties it presents, and how,
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      as a result, appointing co-counsel is necessary in the interest of justice.
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      Proposed co-counsel is William H. Brown, who is current counsel’s law
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24    partner, a member of the CJA panel, and was previously appointed co-
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      counsel in United States v. Perez (2:16-cr-62-LRH-EJY).
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27          As required by Volume 7, Ch. 2 § 230.53.20 of the Guide to Judicial

28    Policies and Procedures, the Court finds that the appointment of an


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     Case 2:20-cr-00231-APG-NJK Document 184 Filed 03/22/23 Page 8 of 8




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      additional attorney in this difficult case is necessary and is in the interests of

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            GOOD CAUSE APPEARING, it is hereby ORDERED that the Clerk of
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5     the Court shall notify the CJA appointing authority for the District of Nevada
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      of the appointment of attorney William H. Brown as co-counsel for defendant
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      Brandon Casutt.
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9           IT IS SO ORDERED.
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            DATED this 22nd
                       ___ day of March, 2023.
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13                                   UNITED STATES DISTRICT JUDGE
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