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United States v. Garcia

United States District Court, W.D. North Carolina, Charlotte Division
Feb 26, 2024
319-cr-403-MOC-DCK (W.D.N.C. Feb. 26, 2024)

Opinion

319-cr-403-MOC-DCK

02-26-2024

UNITED STATES OF AMERICA v. ELEONEL CASTREJON GARCIA, Defendant.


ORDER

MAX O. COGBURN, UNITED STATES DISTRICT JUDGE

THIS MATTER is before the Court on Defendant's Motion to Appoint Counsel and for a Sentence Reduction under USSC Amendment 821. (Doc. 234).

Defendant's motion to appoint counsel is denied at this time, as he has no constitutional right to counsel in assisting him with filing a post-conviction motion to vacate or reduce sentence, and Defendant has not set forth any exceptional circumstances warranting appointment of counsel. See Pennsylvania v. Finley, 481 U.S. 551, 5541987; Hunt v. Nuth, 57 F.3d 1327, 1340 4th Cir. 1995.

Furthermore, it appears that Defendant is ineligible for a sentence reduction under Amendment 821. Nevertheless, the Court will require the Government to respond to the motion.

ORDER

IT IS, THEREFORE, ORDERED that within 20 days the Government shall file a response to Defendant's Motion for a Sentence Reduction under USSC Amendment 821. No. THIS MATTER is before the Court on Defendant's Motion to Appoint Counsel and for a Sentence Reduction under USSC Amendment 821. (Doc. 234).


Summaries of

United States v. Garcia

United States District Court, W.D. North Carolina, Charlotte Division
Feb 26, 2024
319-cr-403-MOC-DCK (W.D.N.C. Feb. 26, 2024)
Case details for

United States v. Garcia

Case Details

Full title:UNITED STATES OF AMERICA v. ELEONEL CASTREJON GARCIA, Defendant.

Court:United States District Court, W.D. North Carolina, Charlotte Division

Date published: Feb 26, 2024

Citations

319-cr-403-MOC-DCK (W.D.N.C. Feb. 26, 2024)