Opinion
4:21-cr-00077-BLW
08-30-2024
UNITED STATES OF AMERICA, Plaintiff, v. JEREMY JAMES CARPENTER, Defendant.
MEMORANDUM DECISION AND ORDER
B. LYNN WINMILL U.S. DISTRICT COURT JUDGE
INTRODUCTION
Before the Court are two motions filed by defendant: (1) a motion for an extension of time in which to file a petition for certiorari with the United States Supreme Court; and (2) a motion for appointment of counsel. See Dkts. 145, 146. For the reasons explained below, the Court will deny both motions.
DISCUSSION
In January 2023, Jeremy Carpenter pled guilty to possession of a firearm by a prohibited person, in violation of 18 U.S.C. §§ 921(g)(1) and 924(a)(2). See Dkt. 67. In his plea agreement, Carpenter preserved the right to appeal this Court's denial of his motion to suppress evidence found in his car, which was searched after Carpenter was arrested for a parole violation. On June 5, 2024, the Ninth Circuit affirmed the denial of Carpenter's suppression motion, and he now wishes to file a petition for a writ of certiorari with the United States Supreme Court. The deadline to file such a petition is fast approaching, and Mr. Carpenter's counsel recently filed a motion to withdraw in the Ninth Circuit. See United States v. Carpenter, Ninth Cir. Case No. 23-474.
The Court will deny the motion for an extension because under Supreme Court Rule 13.5, a Supreme Court Justice-not this Court-may extend the time for a litigant to file a cert petition by up to 60 days, although the request for an extension must be filed 10 days before the cert petition would otherwise be due, except in extraordinary circumstances. See Supreme Court Rule 13.5. The Court will also deny the request for appointment of counsel. As a general rule, the Sixth Amendment does not provide criminal defendants with a right to counsel in pursuing a petition for a writ of certiorari to the United States Supreme Court. See Ross v. Moffitt, 417 U.S. 600, 616-18 (1974). Further, the Court is not persuaded that counsel is necessary to assist Mr. Carpenter in pursuing a cert petition.
ORDER
IT IS ORDERED that Defendant's Motions for an Extension and for Appointment of Counsel (Dkts. 145, 146) are DENIED.