Opinion
CRIMINAL ACTION No. 12-20099-01-KHV
11-16-2020
UNITED STATES OF AMERICA, Plaintiff, v. MENDY READ-FORBES, Defendant.
MEMORANDUM AND ORDER
On May 28, 2020, the Court dismissed defendant's renewed motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A). See Memorandum And Order (Doc. #396). Defendant appealed. On November 12, 2020, the Court overruled defendant's Motion For Bond While Waiting For Appeals Court Decision (Doc. #441) filed November 3, 2020. See Memorandum And Order (Doc. #442). This matter is before the Court on defendant's Motion To Appoint Attorney For [Motion For] Bond And Hearing And Motion For Hearing On Bond (Doc. #443) filed November 12, 2020.
Because the Court already overruled defendant's motion for release on appeal, the Court overrules as moot defendant's motion to appoint counsel and for a hearing on her motion for release on appeal.
Defendant's present motion and her motion for release on appeal intertwine two requests: (1) a request for release pending appeal and (2) a request for release pending this Court's determination of the merits of her Petition For Writ Of Audita Querela Or Other Appropriate Relief Pursuant To The All Writs Act (Doc. #366) filed December 6, 2019. The Court already appointed counsel on defendant's Petition (Doc. #366). As explained in the Court's prior order, to the extent that defendant seeks release in whole or in part because of the merit of her pending Petition (Doc. #366), she must raise that request through appointed counsel. See Memorandum And Order (Doc. #442) at 3-4 n.2. --------
IT IS THEREFORE ORDERED that defendant's Motion To Appoint Attorney For [Motion For] Bond And Hearing And Motion For Hearing On Bond (Doc. #443) filed November 12, 2020 is OVERRULED as moot.
Dated this 16th day of November, 2020 at Kansas City, Kansas.
s/ Kathryn H. Vratil
KATHRYN H. VRATIL
United States District Judge