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United States v. Simmons, 2:17-cr-00027-JAD-GWF. (2020)

Court: District Court, D. Nevada Number: infdco20200317c51 Visitors: 10
Filed: Mar. 16, 2020
Latest Update: Mar. 16, 2020
Summary: Order Denying Motion to Expunge Felony Record [ECF Nos. 11, 12, 17] JENNIFER A. DORSEY , District Judge . Tommy Simmons is under supervision in this district after his sentencing court transferred jurisdiction to this district for his three-year term of supervised release. Simmons asks this court to "Expunge/Seal or dismiss his prior" convictions "so that he can live the life of a normal citizen[] and grow into a full scale businessman without being held back for [his] past." 1 He cites "
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Order Denying Motion to Expunge Felony Record

[ECF Nos. 11, 12, 17]

Tommy Simmons is under supervision in this district after his sentencing court transferred jurisdiction to this district for his three-year term of supervised release. Simmons asks this court to "Expunge/Seal or dismiss his prior" convictions "so that he can live the life of a normal citizen[] and grow into a full scale businessman without being held back for [his] past."1 He cites "to the 115th Congress H.R. 5043 — Fresh Start Act of 2017-2018 & 2019-2020" as the authority for such relief.2

Unfortunately for Simmons, the Fresh Start Act is not law. Though it was introduced in the House of Representatives, it has not become law.3 Because Simmons has not identified any valid authority for the court to grant the relief he requests, I deny his motion without prejudice to Simmons's ability to refile this motion if the Fresh Start Act becomes law.

Simmons also asks the court to appoint counsel "to represent [him] in expunging" his record. Because the court does not see a legal path to that relief at this time, the court does not find good cause to appoint counsel. Simmons's motion to appoint counsel is therefore denied.

IT IS THEREFORE ORDERED that Simmons's motion to appoint counsel [ECF No. 11] is DENIED;

IT IS FURTHER ORDERED that the Motion to Expunge Felony Record [ECF No. 12] is DENIED;

IT IS FURTHER ORDERED that the Request for Status Update [ECF No. 17] is DENIED as moot because this order provides Simmons with the status of his pending motions.

FootNotes


1. ECF No. 12 at 3.
2. Id. at 2.
3. See https://www.congress.gov/bill/115th-congress/house-bill/5043/actions?KWICView=false (last visited 3/16/2020); https://www.congress.gov/bill/116th-congress/house-bill/121/all-actions?overview=closed&KWICView=false (last visited 3/16/2020).
Source:  Leagle

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