Opinion
Case No. 6:13-cr-10004-JTM-1
05-16-2016
UNITED STATES OF AMERICA, Plaintiff, v. TROY A. BONG, Defendant.
MEMORANDUM AND ORDER
Upon consideration of defendant's renewed motion to appoint counsel (Dkt. 73), the court concludes that the motion should be granted as follows.
On July 29, 2015, this court entered a Standing Order regarding motions for post-conviction relief pursuant to Johnson v. United States, 135 S.Ct. 2551 (2015). The order appoints the Office of the Federal Public Defender to represent indigent defendants whose cases are potentially affected by Johnson. It allows appointment of a CJA panel attorney should the Federal Public Defender have a conflict that precludes representation.
The court finds that defendant Troy Bong is financially unable to employ counsel, that his case may be potentially affected by Johnson, and that the Federal Public Defender has a conflict which precludes representation. Accordingly, the court orders that James R. Pratt is appointed as counsel for Mr. Bong pursuant to the Criminal Justice Act, 18 U.S.C. § 3006A. The appointment shall be to determine whether defendant may qualify for post-conviction relief pursuant to Johnson v. United States, 135 S.Ct. 2551 (2015) and, if so, to assist defendant in obtaining relief under Johnson. The appointment will terminate upon a determination by counsel that defendant is not eligible for relief under Johnson or, if eligible for relief, upon exhaustion of defendant's post-conviction remedies.
IT IS THEREFORE ORDERED this 16th day of May, 2015, that defendant's Motion to Appoint Counsel (Dkt. 73) is GRANTED to the foregoing extent.
s/ J. Thomas Marten
J. THOMAS MARTEN, JUDGE