Opinion
CRIMINAL ACTION No. 14-69 SECTION I
12-16-2020
UNITED STATES OF AMERICA v. NASER YOUSEF GHEITH
ORDER & REASONS
Before the Court are two motions filed by defendant Naser Yousef Gheith ("Gheith"): (1) a motion for reconsideration of the Court's previous Order denying his motion for compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A) and (2) a motion to appoint counsel. The motions are dismissed and denied for the following reasons.
R. Doc. No. 190.
R. Doc. No. 187.
R. Doc. No. 178.
R. Doc. No. 191.
I.
A. Compassionate Release
On October 16, 2020, Gheith filed a notice of appeal of the Court's denial of compassionate release. As such, this Court lacks jurisdiction to reconsider the motion. See Griggs v. Provident Consumer Disc. Co., 459 U.S. 56, 58 (1982) ("The filing of a notice of appeal is an event of jurisdictional significance—it confers jurisdiction on the court of appeals and divests the district court of its control over those aspects of the case involved in the appeal"); see also Wooten v. Roach, 964 F.3d 395, 403 (5th Cir. 2020) (finding that the district court erred by "attempt[ing] to assert jurisdiction over aspects of the case involved in the appeal, which Griggs forbids" (internal quotation and emphasis omitted)). Gheith has appealed the same motion he asks the Court to reconsider. In doing so, he has deprived the Court of jurisdiction.
R. Doc. No. 188; see R. Doc. No. 189 (listing the Fifth Circuit Case Number as 20-30653).
The Court notes that Gheith filed his notice of appeal before he filed his motion to reconsider. See R. Doc. No. 190 (filed on November 2, 2020).
B. Appointment of Counsel
Gheith's second motion asks "for a court appointed attorney who can get me [l]egal documents that I need." He adds that his "prior court appointed attorney said he has retired." Confusingly, Gheith also requests that the Court "order" his former counsel, Wayne Mancuso "to get" the documents. Gheith does not state whether the request for counsel pertains to his motion for compassionate release or otherwise.
R. Doc. No. 191.
Id.
Id. The Court notes that Wayne Mancuso was appointed to represent Gheith in his criminal proceedings in January 2017. R. Doc. No. 145. While Mancuso has not filed a motion to withdraw, it does not appear that he has been involved in Gheith's post-conviction filings and he has not made an appearance in the appeal pending before the Fifth Circuit.
R. Doc. No. 191, at 1.
The Court has previously considered and denied Gheith's request for the appointment of legal counsel in connection with his motion for compassionate release. It appears that this motion for appointment of counsel relates to a potential request for relief pursuant to 28 U.S.C. § 2255. When denying Gheith's previous motion, the Court explained that there is no constitutional right to appointed counsel in post-conviction proceedings. Pennsylvania v. Finley, 481 U.S. 551, 555 (1987) ("[T]he right to appointed counsel extends to the first appeal of right, and no further."). Regardless, Gheith has not yet filed such a post-conviction request for relief. Consequently, the Court cannot evaluate whether the appointment of counsel would be appropriate; any such ruling would be premature.
R. Doc. No. 185; see R. Doc. No. 184-1, at 4.
II.
Accordingly,
IT IS ORDERED that Gheith's motion for reconsideration of his motion for compassionate release is DISMISSED WITHOUT PREJUDICE.
IT IS FURTHER ORDERED that Gheith's motion for the appointment of counsel is DENIED.
New Orleans, Louisiana, December 16, 2020.
/s/ _________
LANCE M. AFRICK
UNITED STATES DISTRICT JUDGE