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JON M. SANDS 

Federal Public Defender

J. LEONARDO COSTALES 

Assistant Federal Public Defender 

Louisiana State Bar# 35721 

407 W. Congress, Suite 501 

Tucson, AZ 85701-1355 

Telephone: (520)879-7500 

Attorney for Defendant

Leo_Costales@fd.org

 IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

United States Of America, 

 Plaintiff, 

v. 

Robert Francis Krebs, 

 Defendant. 

CR18-0263-TUC-JGZ (JR) 

MOTION TO WITHDRAW AS 

COUNSEL AND FOR THE 

APPOINTMENT OF CJA COUNSEL 

 Robert Francis Krebs, through undersigned counsel, does hereby move the Court 

pursuant to LRCrim. P. 57.14; and LRCiv. P. 83.3(b), to withdraw Jorge Leonardo Costales, 

as well as co-counsel Gregory Jon Berger, Assistant Federal Public Defenders, as counsel of 

record and to appoint substitute counsel from the CJA panel. The reasons for this request are 

as follows: 

 On February 17, 2021, undersigned counsel personally met with Mr. Krebs at 

CoreCivic in Florence, Arizona, where he is detained in custody. 

 Mr. Krebs specifically requested undersigned counsel to file this motion. 
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 Mr. Krebs unequivocally indicated during this meeting that he would be unwilling to 

discuss the case or any aspect of the case with either undersigned counsel or any 

member of the undersigned counsel’s office now or at any point in the future. 

 Without Mr. Krebs’ participation, counsel will be unable to review the draft PSR with 

Mr. Krebs or otherwise adequately prepare for sentencing. 

 Mr. Krebs also indicated he would be unwilling to participate in a hearing regarding 

the status of his representation. 

Under these circumstances, counsel proffers that the attorney-client relationship has 

sufficiently broken down such that counsel will not be able to properly represent Mr. Krebs 

at the critical remaining stage of his case: sentencing. The attorney-client relationship does 

not appear restorable. Such irreconcilable differences are valid legal grounds for 

appointment of new counsel. United States v. Nguyen, 262 F.3d 998, 1004 (9th Cir. 2001). 

Additionally, given that Mr. Krebs has specifically indicated that he will be unwilling to work 

with any attorney within undersigned counsel’s office, it is respectfully requested that the 

Court appoint any substitute counsel from the CJA panel. Sentencing is currently set for 

March 9, 2021. 

 Under these circumstances, counsel respectfully moves the Court to withdraw the 

Federal Public Defender’s office, as well as Jorge Leonardo Costales and Gregory Jon Berger, 

Assistant Federal Public Defenders, as counsel of record and appoint substitute counsel from 

the CJA panel. 

/ / / 
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RESPECTFULLY SUBMITTED: February 17, 2021. 

 JON M. SANDS 

 Federal Public Defender 

 /s/ J. Leonardo Costales 

 J. LEONARDO COSTALES

 Assistant Federal Public Defender