Summary
finding that counsel must be disqualified based on conflict of interest that arose because counsel was implicated in the client's crime
Summary of this case from United States v. KileyOpinion
CRIMINAL ACTION NO. 11-464
04-05-2012
UNITED STATES OF AMERICA, Plaintiff, v. MATTHEW KOLODESH, Defendant.
ORDER
AND NOW, on this 5th day of April, 2011, upon consideration of the Government's Motion to Disqualify Mark B. Sheppard, Esq. (ECF No. 27), Defendant Kolodesh's Response to the Government's Motion (ECF No. 33), and a hearing on the record (ECF No. 37), it is hereby ORDERED that the Government's Motion to Disqualify Mr. Sheppard is GRANTED.
Jack J. McMahon, Esq. entered his appearance on behalf of Defendant Kolodesh on February 9, 2012 and avers that he is familiar with the legal and factual circumstances of this case. Mr. McMahon shall continue to serve as Defendant's trial counsel.
It is further OREDERED that, as the Court previously suspended the Government's deadline to respond to Defendant's motions challenging the indictment, seeking suppression of evidence, or raising any dispositive matters (ECF No. 32), the Government shall have until April 19, 2012, to respond to Defendant's motions.
AND IT IS SO ORDERED.
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EDUARDO C. ROBRENO , J.