USA v. SMITH, et al.

IN THE U NITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
VALDOSTA DIVISION
U NITED STATES OF AMERICA,
v.
VERNARDO HENLEY,
Defendant.
ORDER
CASE NOS :
7:23-cr-065-WLS-AGH-07
7 :15-cr-002-WLS-ALS-11
On October 8, 2026, D efendant Vernardo H enley is scheduled to appear before this
Court for a sentencing hearing in Case No . 7-23 - cr-65 and for a revocation hearing in Case
No. 	7:15- cr -2 . Before the Court is a Motion to Withdraw as Attorney for D efendant
("Motion") 1 filed in both cases by D efendant's counsel, Eric L. Gay. Mr . Gay was appointed
to represent D efendant on D ecember 4, 2025 , and now requests that he be allowed to
withdraw as D efendant's counsel in both cases. The basis for Mr. Gay 's request is that he will
no longer be accepting appointed cases in federal court because his state court obligations
affect the time he is able to devote to representation of his federal defendants .
As noted above, D efendant is scheduled to appear before this Court on October 8,
2026 , for a sentencing hearing in Case No. 7-23 - cr-65 and for a revocation hearing in Case
No. 7:15- cr-2, and Mr. Gay has represented D efendant since D ecember 4, 2025. In v iew of
same, it would appear that Mr. Gay, given appropriate accommodation, should be able to more
effectively and efficiently represent D efendant tl1a.n a newly appointed counsel.
Accordingly, Mr. Gay is directed to consider what accommodation (s) would allow
counsel to effectively complete his representation of D efendant in these matters . Counsel shall
respond in writing no later tl1an seven (7) days after entry of tlus Order , or by no later tl1an
Wednesday, September 23, 2026.
SO ORDERED , tlus 16th day of September 2026 .
/s/W. Louis Sands
W. LOUIS SANDS, SR. JU DGE
U NITED STATES DISTRICT COURT
1 The Motion is filed as D oc. 1049 in Case No . 7-23-cr-65, and D oc. 448 in Case No . 7:15-cr- 2.
Case 7:23-cr-00065-WLS-AGH Document 1050 Filed 09/16/26 Page 1 of 1