Opinion
05-20067-01-JWL
01-18-2022
United States of America,, Plaintiff, v. Dheadry Loyd Powell,, Defendant.
MEMORANDUM & ORDER
John W. Lungstrum United States District Judge
After defendant Dheadry Powell filed another motion for a sentence reduction under 1 U.S.C. § 3582(c)(2) (doc. 239), the court issued an order establishing deadlines for th government's response and defendant's reply. After the government filed its response defendant filed a motion to appoint counsel (doc. 242) seeking assistance with his motion for sentence reduction. The motion is denied. There is no constitutional right to counsel beyond th direct appeal of a conviction. Swazo v. Wyo. Dep't of Corrs., 23 F.3d 332, 333 (10th Cir. 1994) Pennsylvania v. Finley, 481 U.S. 551, 555 (1987). When exercising its “broad discretion” t decide whether to appoint counsel to an indigent litigant, the district court “should consider variety of factors, including the merits of the litigant's claims, the nature of the factual issue raised in the claims, the litigant's ability to present his claims, and the complexity of the lega issues raised by the claims.” Williams v. Meese, 926 F.2d 994, 996 (10th Cir. 1991) (considerin appointment of counsel for indigents under 28 U.S.C. § 1915). None of these factors weigh i favor of appointing counsel to defendant. Defendant's pro se motion for compassionate releas reflects that he is able to articulate his arguments clearly and coherently and that the factual an legal issues implicated by the motions are straightforward. Moreover, this District has implemented Administrative Order 20-8, which requires the Federal Public Defender to notify the court within fifteen days of any pro se individual filing a compassionate release motion whether it intends to enter an appearance on behalf of the defendant, or whether it seeks additional time to make such determination. This ensures that every pro se motion for compassionate release is at least reviewed by that office. On December 27, 2021, the Federal Public Defender notified the court that it had reviewed defendant's pro se motion for compassionate release and that it did not intend to enter an appearance on his behalf.
IT IS THEREFORE ORDERED BY THE COURT THAT Mr. Powell's motion to appoint counsel (doc. 242) is denied. Defendant's reply deadline with respect to his motion for a sentence reduction remains set for January 31, 2022.
IT IS SO ORDERED.