Opinion
CRIMINAL ACTION NO. 5:18-cr-00041
10-26-2020
UNITED STATES OF AMERICA, v. DAVID MOORE
MEMORANDUM OPINION AND ORDER
Pending is Defendant David Moore's Motion for Appointment of Counsel [Doc. 176], filed October 5, 2020. Mr. Moore seeks the appointment of counsel for his Motion for Compassionate Release pursuant to 18 U.S.C. § 3582(c) [Doc. 167].
"It is well settled that 'a criminal defendant has no right to counsel beyond his first appeal.'" United States v. Legree, 205 F.3d 724, 730 (4th Cir. 2000) (citing Coleman v. Thompson, 501 U.S. 722, 756 (1991)). "A motion pursuant to [18 U.S.C.] § 3582(c) 'is not a do-over of an original sentencing proceeding where a defendant is cloaked in rights mandated by statutory law and the Constitution.'" Legree, 205 F.3d at 730 (citing United States v. Tidwell, 178 F.3d 946, 949 (7th Cir. 1999), cert. denied, 528 U.S. 1023 (1999)).
Based on the foregoing, Mr. Moore's Motion for Appointment of Counsel [Doc. 176] is DENIED.
The Clerk is directed to send a copy of this written opinion and order to the Defendant and his counsel, to the United States Attorney, to the United States Probation Office, and to the Office of the United States Marshal.
ENTERED: October 26, 2020
/s/_________
Frank W. Volk
United States District Judge