WILLIAM H. STEELE, Chief District Judge.
This matter comes before the Court on defendant Diricea Terey McCants' Motion to Appoint Counsel (doc. 106).
In October 2009, McCants was sentenced to a term of imprisonment of 240 months for the offense of conspiracy to possess with intent to distribute crack cocaine, in violation of 21 U.S.C. § 846. In the Factual Resume accompanying his guilty plea, McCants stipulated that he was responsible for 80 grams of crack cocaine. That quantity was significant because it triggered a 240-month mandatory sentence under 21 U.S.C. § 841(b)(1)(A), which at the time mandated a 20-year minimum sentence for conspiring to possess with intent to distribute more than 50 grams of crack cocaine after a prior conviction for a felony drug offense (which McCants unquestionably had). Thus, the 240-month sentence imposed on McCants represented the lowest possible sentence available under the circumstances.
On February 1, 2012, the undersigned entered an Order (doc. 105) denying McCants' motion under 18 U.S.C. § 3582(c)(2) for reduction of his sentence under the recent "crack amendment" found at Amendment 750 to the U.S. Sentencing Guidelines. The February 1 Order explained that the 240-month statutory minimum was the binding constraint, and that the Fair Sentencing Act of 2010 (the "FSA") was not made retroactive as to changes in the drug quantity "breakpoints" for those mandatory minimum sentences.
In his most recent filing, McCants expresses disagreement with the February 1 Order, states his belief that the FSA is retroactive in his circumstances, and requests appointment of counsel to assist him in pursuing the matter further. It is well settled that there is no right to appointed counsel in connection with § 3582(c)(2) motions. See, e.g., United States v. Webb, 565 F.3d 789, 794 (11
In short, after careful review of the court file, the undersigned finds that fundamental fairness does not require that McCants receive assistance of a trained advocate to pursue a § 3582(c)(2) or other motion for reduction of sentence to advance a baseless claim for retroactive application of the Fair Sentence Act of 2010. Accordingly, the Motion for Appointment of Counsel (doc. 106) is