2d Cir. R. 4.1

(a) Continuation of Counsel. A criminal defendant’s counsel, whether retained or

appointed, is responsible for representing the defendant on appeal unless relieved by this

court. This responsibility includes complying with FRAP and all LRS and IOPs.

(b) Motion to Withdraw – Frivolousness of Appeal. Counsel who seeks to withdraw from

representing a defendant on appeal on the ground that the appeal presents no non-frivolous issues must file a motion and brief in accordance with Anders v. California, 386

U.S. 738 (1967), subsequent case law, and this court’s instructions.

(c) Motion to Withdraw – Adverse Decision. Within 14 days after a decision by this court

that is adverse to the defendant, appointed counsel may file a motion in this court to be

relieved of the obligation to file a petition for a writ of certiorari with the U.S. Supreme

Court if counsel has reasonable grounds to believe that the petition would have no

likelihood of success. The motion must be accompanied by proof of service on the

defendant and the government. The motion must also state that counsel has explained to

the defendant how to file a timely petition for certiorari pro se.

(d) Motion to Withdraw – Other Grounds. Counsel who seeks to withdraw from

representing a defendant on appeal on other grounds must proceed by motion as follows:

(1) Advice to Defendant. Before moving to withdraw as appellate counsel, counsel

must advise the defendant that (A) the defendant must promptly obtain other

counsel unless the defendant desires to appear pro se, and (B) if the defendant is

financially unable to obtain counsel, this court may appoint counsel under the

Criminal Justice Act, 18 U.S.C. 3006A (CJA). If the defendant desires to appear

pro se, counsel must advise the defendant in writing of the deadlines for docketing

the record and filing the brief. If the defendant is represented by retained counsel

and seeks appointment of new counsel on appeal, retained counsel must ensure

that the defendant receives and completes the appropriate application forms.

(2) Content of Motion. A motion to withdraw must state the reasons for such relief

and must be accompanied by one of the following:

(A) a document or statement showing that new counsel has been retained or

appointed to represent the defendant;

(B) the defendant’s completed application for appointment of counsel under

the CJA or a showing that the defendant has already filed that application

with the court;

(C) if the defendant is currently represented by appointed counsel, a request

that substitute counsel be appointed under the CJA;

(D) the defendant’s signed statement that the defendant has been advised that

the defendant may retain new counsel or apply for appointment of counsel,

and that the defendant does not wish to be represented by counsel but

wishes to appear pro se; or

(E) a document or statement showing that exceptional circumstances prevent

counsel from meeting any of the requirements stated in (A) to (D) above.

(3) Procedure. A motion to withdraw (A) must be accompanied by proof of service

on the defendant and the government, and (B) is determined in accordance with

FRAP 27.

(4) Counsel Not Admitted to This Court. Counsel not admitted to this court who

seeks to withdraw under (d) must contact the clerk’s office before filing the

motion.