MEMORANDUM & ORDER

JOHN W. LUNGSTRUM, District Judge.

Kevin H. Tatum, Jr., pleaded guilty to conspiracy to possess cocaine with intent to distribute, possession of a firearm in furtherance of a drug trafficking crime, and possession of a firearm by a prohibited person. He did not appeal his convictions or the 211-month sentence he received on September 23, 2009. This court later dismissed as untimely Mr. Tatum's § 2255 motion.

This matter is presently before the court on Mr. Tatum's motion to appoint counsel for purposes of assessing whether he has a claim for relief in light of the Supreme Court's decision in Sessions v. Dimaya, 138 S.Ct. 1204 (2018). His motion is denied. There is no constitutional right to counsel beyond the direct appeal of a conviction. Swazo v. Wyo. Dep't of Corrs., 23 F.3d 332, 333 (10th Cir. 1994). "[T]he right to appointed counsel extends to the first appeal of right, and no further." Pennsylvania v. Finley, 481 U.S. 551, 555 (1987). While Mr. Tatum references the Dimaya opinion, he does not articulate why he believes that opinion might alter his sentence. Nonetheless, if Mr. Tatum files a motion for relief with respect to his conviction or sentence based on Dimaya and that motion reflects that Mr. Tatum may be entitled to relief, the court will consider a request for the appointment of counsel at that point.

IT IS THEREFORE ORDERED BY THE COURT THAT Mr. Tatum's motion to appoint counsel (doc. 33 in Case No. 09-20015-01; doc. 216 in Case No. 08-20117-03) is denied.

IT IS SO ORDERED.