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United States v. Hamad

United States District Court, E.D. Michigan, Southern Division

October 25, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
FAHED HAMAD, Defendant.

          OPINION AND ORDER DENYING PETITIONER'S MOTION TO VACATE SENTENCE PURSUANT TO 28 U.S.C. §2255

          PAUL D. BORMAN UNITED STATES DISTRICT JUDGE

         BACKGROUND

         Defendant Fahed Hamad was initially indicted on October 11, 2012.

         At his initial October 15, 2012 arraignment, Defendant was represented by the Duty Federal Defender.

         On 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.

         On October 18, 2012, Defendant retained attorney Mohamed Elsharnoby to represent him, thereby terminating Mr. Churikian's representation.

         On October 25, 2012, the Government filed a first superseding indictment.

         On December 20, 2012, the Government filed a second superseding indictment.

         On 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).

         On April 5, 2013, Defendant's counsel Henry Scharg filed a Motion to Suppress Evidence. (ECF #111).

         On May 5, 2013, the Government filed a third superseding indictment.

         On May 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).

         On May 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. (ECF #157-158).

         Defendant was provided a formal plea offer by the Government which Mr. Scharg had ...


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