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Order — No. 1:21-cr-00216 (Dkt. 88, W.D. Tex.)

Summary

An order in United States v. Michael Fullerton, No. 1:21-CR-00216-RP, in the U.S. District Court for the Western District of Texas, Austin Division, filed September 23, 2022 as Document 88 (2 pages) and signed by Dustin M. Howell. It grants the appointed attorney's Motion to Withdraw as Counsel and for Appointment of New Counsel (Dkt. 79), after a hearing held September 23, 2022 (Dkt. 82). Assistant Federal Public Defender Jesus Salinas is permitted to withdraw and James R. Young is appointed to represent the defendant. The order advises that future requests for new appointed counsel will not be well taken, citing United States v. Moore, 706 F.2d 538.

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“Order — No. 1:21-cr-00216 (Dkt. 88, W.D. Tex.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/order-no-1-21-cr-00216-dkt-88-w-d-tex-85d70b297e/, SHA-256 6679ba747306e21d4d6dbae8d058bd0f93c3d797cf13f7f98e8215bb11520f4e.

Full text

         Case 1:21-cr-00216-RP Document 88 Filed 09/23/22 Page 1 of 2




                      UNITED STATES DISTRICT COURT
                       WESTERN DISTRICT OF TEXAS
                             AUSTIN DIVISION

UNITED STATES OF AMERICA,                 §
                                          §
                                          §
v.                                        §      No. 1:21-CR-00216-RP
                                          §
(1) MICHAEL FULLERTON,                    §
Defendant                                 §


                                      ORDER

      Before the Court is Defendant’s appointed attorney’s Motion to Withdraw as

Counsel and for Appointment of New Counsel, Dkt. 79. The District Court referred

the motion to the undersigned for disposition. Dkt. 80. The Motion states that

Defendant “has lost faith and all confidence in defense counsel. Accordingly, defense

counsel and [Defendant] are no longer able to communicate effectively.” Dkt. 79, at 1.

Defendant’s responses to the motion, which he filed pro se, confirm counsel’s

representations regarding the state of their working relationship. Dkts, 84, 85. The

undersigned set the motion for a hearing, which was held on September 23, 2022.

Dkt. 82. Defendant and his appointed counsel, Assistant Federal Public Defender

Jesus Salinas, were present.

      Based on the representations in the filings and confirmed on the record during

the Court’s hearing on the motion, the Court will permit the withdrawal of Mr.

Salinas and appoint new counsel. However, as the Court advised Defendant during

the hearing on the motion, future requests for new appointed counsel will not be well-

taken. Moreover, the Court reminds Defendant (again reiterating what he was told

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         Case 1:21-cr-00216-RP Document 88 Filed 09/23/22 Page 2 of 2




on the record during the hearing), the U.S. Court of Appeals for the Fifth Circuit has

observed that “a persistent, unreasonable demand for dismissal of counsel and

appointment of new counsel … is the functional equivalent of a knowing and

voluntary waiver of counsel.” United States v. Moore, 706 F.2d 538, 540 (5th Cir.

1983); see also United States v. Mesquiti, 854 F.3d 267, 272 (5th Cir. 2017) (same);

United States v. Fields, 483 F.3d 313, 350 (5th Cir. 2007) (“[I]ndigent defendants have

no right to appointed counsel of their choice.”).

      IT IS THEREFORE ORDERED that the Motion, Dkt. 79, is GRANTED. Mr.

Salinas is permitted to WITHDRAW as counsel for Defendant, and Mr. James R.

Young, 1411 West Ave., Suite 200, Austin, TX 78701, (512) 472-1961, is appointed to

represent Defendant in the above-captioned case. The Court FURTHER ORDERS

that Mr. Salinas meet with Mr. Young at the earliest opportunity to give Mr. Young

a copy of the file and bring him up to date with regard to the representation of

Defendant. Thereafter, Mr. Salinas has no further responsibilities in this case.

      SIGNED September 23, 2022.



                                        DUSTIN M. HOWELL
                                        UNITED STATES MAGISTRATGE JUDGE




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