United States v. Raymond Robert Zoccola

Zoccola has been convicted in the district of Arizona of trafficking in heroin. On his trial, he was represented by a Wisconsin lawyer. The case was not in forma pauperis prior to conviction.

On appeal the district court approved a transcript at government expense under the Criminal Justice Act and appointed John Lindberg as Zoccola’s attorney for the appeal, also under the Criminal Justice Act. I take judicial notice of what I know personally: that Mr. Lind-berg is an outstanding attorney in the criminal field.

Now as the deadline for the appellant to file his brief arrives, Mr. Zoccola presents to the court S. Jeffrey Minker, of Tucson, another lawyer, to be substituted for the appeal. This might delay the appeal. I assume that Mr. Minker is quite competent.

Of course, ordinarily a man is entitled to an attorney of his own choice. The district court has denied the substitution none the less, and on application here I deny it without prejudice to further consideration on reapplication.

Here is what motivates the district court: Mr. Minker will be paid by a Miss Pat Mokma, described by Mr. Minker as Mr. Zoccola’s “girl friend.” She will pay Mr. Minker by giving him…