United States District Court, E.D. Michigan, Southern Division
OPINION AND ORDER DENYING PETITIONER'S MOTION TO
VACATE SENTENCE PURSUANT TO 28 U.S.C. §2255
D. BORMAN UNITED STATES DISTRICT JUDGE
Fahed Hamad was initially indicted on October 11, 2012.
initial October 15, 2012 arraignment, Defendant was
represented by the Duty Federal Defender.
October 15, 2012, after Defendant filed an affidavit
asserting indigency, the Court pursuant to the Criminal
Justice Act, appointed Samuel Churikian, an excellent CJA
criminal defense attorney to represent Defendant.
October 18, 2012, Defendant retained attorney Mohamed
Elsharnoby to represent him, thereby terminating Mr.
October 25, 2012, the Government filed a first superseding
December 20, 2012, the Government filed a second superseding
February 5, 2015, Defendant's attorney Mr. Elsharnoby
filed a Motion for Withdrawal of Attorney because of "an
irreconcilable breakdown in the attorney-client
relationship." (ECF #91, PgID 238). On February 14,
2013, the Court granted Counsel Elsharnoby's motion to
withdraw as counsel, and after Defendant reasserted
indigency, the Court ordered the Federal Defender Office to
appoint new CJA counsel. (ECF #95). On February 20, 2013, CJA
Counsel Henry Scharg, also an excellent CJA Panel defense
attorney, was appointed to represent Defendant. (ECF #97).
April 5, 2013, Defendant's counsel Henry Scharg filed a
Motion to Suppress Evidence. (ECF #111).
5, 2013, the Government filed a third superseding indictment.
14, 2013, Counsel Scharg filed a motion for a Daubert
hearing/exclude expert witness, (ECF #132), and a motion in
limine to exclude 404(b) evidence, (ECF #133).
16, 2013, the Court denied Defendant's Motion to
Suppress. (ECF #136). On May 24, 2013, the Court granted in
part and denied in part Defendant's Motion In Limine.
was provided a formal plea offer by the Government which Mr.
Scharg had ...