Opinion
No. Cr. S 07-483 LKK
10-07-2011
UNITED STATES OF AMERICA, Plaintiff, v. CHARLES DEMARIO JOHNSON, Defendant.
DANIEL J. BRODERICK Federal Defender DAVID M. PORTER Assistant Federal Defender Seeking Appointment as Attorney for Movant CHARLES DEMARIO JOHNSON
DANIEL J. BRODERICK, #89424
Federal Defender
DAVID M. PORTER, Bar #127024
Assistant Federal Defender
Counsel Designated for Service
Seeking Appointment as Attorney for Defendant
CHARLES DEMARIO JOHNSON
REQUEST FOR APPOINTMENT OF COUNSEL; ORDER
RETROACTIVE CRACK COCAINE REDUCTION CASE
Judge: Hon. LAWRENCE K. KARLTON
Pursuant to 18 U.S.C. §§ 3006A(c) and 3852(c)(2), Defendant, CHARLES DEMARIO JOHNSON, hereby requests the Court appoint the Office of the Federal Defender and Assistant Federal Defender David M. Porter as counsel to represent him with respect to his motion to reduce sentence, filed August 8, 2011. Mr. Porter is familiar with the case and is willing to accept the appointment.
The pro se motion was filed on a form invoking 28 U.S.C. § 2255 but the relief Mr. Johnson seeks is clearly governed by 18 U.S.C. § 3582(c)(2).
Appointment of counsel would serve the interests of justice in this case because it might facilitate a negotiated disposition of the motion. Because Mr. Johnson's substantial rights may be affected by these criminal proceedings, he is constitutionally entitled to appointment of counsel. Mempa v. Rhay, 389 U.S. 128, 134 (1967).
Accordingly, Mr. Johnson requests the Court issue the order lodged herewith.
Respectfully submitted,
DANIEL J. BRODERICK
Federal Defender
DAVID M. PORTER
Assistant Federal Defender
Seeking Appointment as Attorney for Movant
CHARLES DEMARIO JOHNSON
ORDER
Pursuant to defendant's request, and good cause appearing therefor, the Office of the Federal Defender and Assistant Federal David M. Porter is hereby appointed to represent defendant with respect to his motion to reduce sentence.
LAWRENCE K. KARLTON
SENIOR JUDGE
UNITED STATES DISTRICT COURT