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United States v. Thomas

United States District Court, D. Delaware

May 21, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
WALTER THOMAS, Defendant

For Qiydaar Miller, Defendant: James F. Brose, LEAD ATTORNEY, James F. Brose, Esq., Media, PA.

For Albari Malik Johnson, Defendant: Edson A. Bostic, Eleni Kousoulis, LEAD ATTORNEYS, Federal Public Defender's Office, Wilmington, DE.

For Walter Thomas, Defendant: John S. Malik, LEAD ATTORNEY, John S. Malik, Esq., Wilmington, DE.

For Ibrahim Sesay, Defendant: Kenneth C. Edelin, Jr., LEAD ATTORNEY, Kenneth C. Edelin, Jr., Esq., Philadelphia, PA.

For Andre Cephas, Defendant: Peter Levin, LEAD ATTORNEY, Philadelphia, PA.

For Kendell Crenshaw, Defendant: Raymond M. Radulski, LEAD ATTORNEY, John Williams, P.A., Wilmington, DE.

For USA, Plaintiff: Ilana H. Eisenstein, Jamie M. McCall, LEAD ATTORNEYS, Elizabeth L. Van Pelt, U.S. Attorney's Office, Wilmington, DE.

Page 402

MEMORANDUM

Sue L. Robinson, United States District Judge.

At Wilmington this 21st day of May, 2014, having considered the submissions, both written and oral, offered by the parties in connection with plaintiff's motion for disqualification of counsel, the court concludes that disqualification is warranted based on the following analysis:

1. Background.[1] On March 5, 2013, a federal grand jury returned a four-count indictment charging defendant Christopher Sanchez (" Sanchez" ) with: (1) conspiracy to commit robbery, in violation of 18 U.S.C. § 1951; (2) conspiracy to possess a controlled substance with intent to distribute, in violation of 21 U.S.C. § 846; (3) possession of a firearm in furtherance of a crime of violence, in violation of 18 U.S.C. § 924(c); and (4) possession of a firearm by a prohibited person, in violation of 18 U.S.C. § 922(g),[2] John S. Malik, Esquire (" Malik" ), was appointed to represent Sanchez.

2. Sanchez is alleged to have planned and prepared for an armed robbery of what he believed was a drug stash house. (D.I. 219) The stash house was, however, part of a reverse-sting operation set up by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Sanchez recruited Donte Banks and Charles Banks (" the Banks brothers" ) to assist in this planned home invasion robbery of the stash house. The Banks brothers were introduced to Sanchez by a third party, described as an African American male, approximately forty-five years of age, who drove a white BMW model 750; this individual served twenty-five years in prison for murder and was nicknamed " Quadree." [3]

Page 403

3. On March 11, 2013, Charles Banks waived indictment and entered a plea of guilty to an information charging him with conspiracy to commit a robbery affecting interstate commerce and use of a firearm in furtherance of a crime of violence. United States v. Banks, Crim. No. 13-16-GMS. On March 27, 2013, Donte Banks also pleaded guilty to the same charges. United States v Banks, Crim. No. 13-17-GMS. During their plea colloquies, both of the Banks brothers admitted their roles in the armed robbery conspiracy and entered ...


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