Filed: Aug. 16, 2019
Latest Update: Aug. 16, 2019
Summary: ORDER AND REASONS SUSIE MORGAN , District Judge . Before the Court is an Ex Parte Motion for Appointment of Counsel filed by Defendant Kevin Sam. 1 For the reasons set forth below, the motion is Denied. BACKGROUND Sam is currently serving a 105 month prison sentence for convictions of (1) being a felon in possession of a firearm in violation of 18 U.S.C. 1922(g)(1) and 924(a)(2); (2) knowingly and intentionally conspiring with persons to distribute and possess with the intent to di
Summary: ORDER AND REASONS SUSIE MORGAN , District Judge . Before the Court is an Ex Parte Motion for Appointment of Counsel filed by Defendant Kevin Sam. 1 For the reasons set forth below, the motion is Denied. BACKGROUND Sam is currently serving a 105 month prison sentence for convictions of (1) being a felon in possession of a firearm in violation of 18 U.S.C. 1922(g)(1) and 924(a)(2); (2) knowingly and intentionally conspiring with persons to distribute and possess with the intent to dis..
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ORDER AND REASONS
SUSIE MORGAN, District Judge.
Before the Court is an Ex Parte Motion for Appointment of Counsel filed by Defendant Kevin Sam.1 For the reasons set forth below, the motion is Denied.
BACKGROUND
Sam is currently serving a 105 month prison sentence for convictions of (1) being a felon in possession of a firearm in violation of 18 U.S.C. § 1922(g)(1) and 924(a)(2); (2) knowingly and intentionally conspiring with persons to distribute and possess with the intent to distribute a Schedule I Drug Controlled Substance in violation of 21 U.S.C. § 846; and (3) knowingly and intentionally possessing with the intent to distribute a Schedule I Drug Controlled Substance in violation of 21 U.S.C. § 841(a)(1) and 841(b)(1)(C).2 On August 9, 2019, Sam filed a motion for appointment of counsel asking for counsel to assist him in filing a habeas corpus petition under 28 U.S.C. § 2255.3
STANDARD OF LAW
There is no constitutional right to counsel in a habeas corpus proceeding.4 Instead, the Court has discretion to appoint counsel to a "financially eligible person" seeking relief under 28 U.S.C. § 2255 when "the interests of justice so require."5
LAW AND ANALYSIS
I. Sam's Potential Habeas Petition Does Not Present Issues Warranting Appointment of Counsel
On June 24, 2019, in United States v. Davis, the U.S. Supreme Court held 18 U.S.C. § 924(c)(3)(B) to be unconstitutionally vague.6 Sam contends this ruling should affect his sentence because he was convicted in part under 18 U.S.C. § 924.7 Sam, however, was not convicted under the subsection of § 924 the Supreme Court held unconstitutional. Sam was convicted under 18 U.S.C. § 924(a)(2), and the Supreme Court only held 18 U.S.C. § 924(c)(3)(B) unconstitutional. It did not pass on 18 U.S.C. § 924(a)(2). As a result, Davis has no bearing on Sam's conviction or sentence. Accordingly, the interests of justice do not require Sam to receive court appointed counsel for seeking relief under 28 U.S.C. § 2255.
CONCLUSION
For the foregoing reasons, IT IS ORDERED that Defendant Kevin Sam's Ex Parte Motion for Appointment of Counsel be and hereby is DENIED.
