Opinion
Criminal Action 3:17-cr-00351-JMC-1[1]
07-30-2021
UNITED STATES OF AMERICA, v. MICHAEL CARTER a/k/a “Blaze, ” Defendant.
ORDER AND OPINION
Defendant Michael Carter, also known as “Blaze, ” is a prisoner currently serving a sentence of 240 months in the Bureau of Prisons. (See ECF No. 45.) This matter is before the court on Carter's Motion to Withdraw Motion for Compassionate Release and Motion for Appointment of Counsel. (ECF No. 181 (referencing ECF Nos. 168, 170).) Specifically, Carter seeks “to ‘only' withdraw my pending Motion for Compassionate Release . . . and my pending Rule 59E Appointment of Counsel Motion, [because] these excessive filings of mine, over burden this court.” (ECF No. 181.)
Upon consideration of the foregoing, the court GRANTS Carter's Motion to Withdraw (ECF No. 181) and DIRECTS the clerk to TERMINATE Carter's Motion for Compassionate Release (ECF No. 170) and his Motions to Expedite Ruling on the Motion for Compassionate Release (ECF Nos. 171, 172, 175, 176). The court previously denied Carter's Motion for Appointment of Counsel (ECF No. 168) on April 28, 2021. (See ECF No. 177.)
The court observes that on May 26, 2021, Carter filed a Notice of Appeal regarding the denial of his Motion for Appointment of Counsel. (See ECF No. 182.) The court has jurisdiction to address this pending Motion for Reconsideration because adjudication of the issue will aid the appeal. E.g., Fobian v. Storage Tech. Corp., 164 F.3d 887, 890-91 (4th Cir. 1999) (holding that a district court is authorized, under the “in aid of appeal” exception, to entertain a motion after a party appeals the district court's judgment).
IT IS SO ORDERED.