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United States v. Newell

United States District Court, W.D. North Carolina, Asheville Division

March 27, 2019

UNITED STATES OF AMERICA
v.
WARREN ROSSLYN NEWELL, Defendant.

          ORDER

          W. Carleton Matcalf United States Magistrate Judge

         This matter came before the Court for a hearing on March 25, 2019 on the Motion to Withdraw as Attorney of Record (Doc. 97), filed by defense counsel Frank Abrams. Assistant United States Attorney Daniel Bradley appeared for the Government. Mr. Abrams appeared with Defendant. The record of the proceedings and the courtroom were sealed as it appeared there was a possibility that confidential communications between Defendant and Mr. Abrams would be disclosed.

         I. Procedural Background

         A review of the Court's records indicates, in part, as follows:

         A two-count Bill of Indictment (Doc. 1) was filed on April 1, 2014, charging Defendant with violations of 18 U.S.C. §922(g)(1).

         On June 24, 2014, following a jury trial, Defendant was found guilty of both charges (Doc. 26).

         A subsequent Motion for New Trial (Doc. 30) and a Motion for Acquittal (Doc. 32) were denied.

         On June 10, 2015, Defendant filed a pro se Motion to Appoint New Counsel (Doc. 44), which Motion was granted on June 18, 2015 (Doc. 45).

         Defendant filed a subsequent pro se Motion to Appoint New Counsel (Doc. 62) on November 12, 2015, which Motion was denied following a hearing held on November 20, 2015 (Doc. 65).

         In March 2016, Defendant was sentenced to imprisonment for 60 months on each count, to run concurrently, 3 years' supervised release on each count, to run concurrently, and a $200.00 special assessment. (Doc. 71)

         Defendant filed a Motion to Vacate under 28 U.S.C. § 2255 (Doc. 81), which Motion was denied on October 24, 2016 (Doc. 82).

         Defendant's term of supervised release commenced on March 30, 2018.

         A petition alleging that Defendant had violated the terms and conditions of his supervision was filed in August 2018. (Doc. 83).

         During Defendant's initial appearance on September 14, 2018, Defendant moved for the appointment counsel, which request was ...


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