Summary
In Blade v. United States, 364 Fed.Appx. 297 (8th Cir. 2010) (unpublished) the Eighth Circuit Court of Appeals affirmed denial of appointment counsel related to a Fed. R. Crim. P. 41(g) motion and cited to the case law relevant to appointment via § 1915(e)(1).
Summary of this case from United States v. LawinOpinion
No. 08-3480.
Submitted: January 13, 2010.
Filed: February 4, 2010.
Appeal from the United States District Court for the Western District of Missouri.
David L. Simpson, St. James, MO, for appellant.
Ronnie Blade, Leavenworth, KS, pro se.
Charles E. Ambrose, Jr., Asst. U.S. Atty., Kansas City, MO (Matt J. Whitworth, Acting U.S. Atty., on the brief), for appellee.
Before BYE, RILEY, and SHEPHERD, Circuit Judges.
[UNPUBLISHED]
Ronnie Blade appeals the district court's denial of his Fed.R.Crim.P. 41(g) motion for the return of property. Upon careful review, see Jackson v. United States, 526 F.3d 394, 396 (8th Cir. 2008) (legal conclusions reviewed de novo and findings of fact reviewed for clear error), we find no basis for reversal. We also find no abuse of discretion in the district court's denial of Blade's motion for appointed counsel. See Phillips v. Jasper County Jail, 437 F.3d 791, 794 (8th Cir. 2006) (district court's denial of appointed counsel reviewed for abuse of discretion; relevant factors). Accordingly, we affirm. See 8th Cir. R. 47B.
The Honorable Gary A. Fenner, United States District Judge for the Western District of Missouri.