Opinion
CRIMINAL ACTION NO. 2:11-CR-1200
11-13-2015
UNITED STATES OF AMERICA v. ROBERTO SANCHEZ
ORDER DENYING MOTION TO APPOINT COUNSEL
Pending before the Court is Defendant Roberto Sanchez's ("Sanchez") motion to appoint counsel to assist him with a motion to reduce his sentence pursuant to 18 U.S.C. § 3582(c). D.E. 21. The motion is denied.
Sanchez seeks counsel to aid him with a prospective motion to reduce his sentence pursuant to 18 U.S.C. § 3582(c). There is no constitutional right to counsel in § 3582 proceedings. Pennsylvania v. Finley, 481 U.S. 551, 555 (1987) ("We have never held that prisoners have a constitutional right to counsel when mounting collateral attacks upon their convictions. Our cases establish that the right to appointed counsel extends to the first appeal of right, and no further."); United States v. Vasquez, 7 F.3d 81, 83 (5th Cir. 1993) (no constitutional right to counsel in § 2255 proceedings); United States v. Whitebird, 55 F.3d 1007, 1010-11 (5th Cir. 1995) (no constitutional or statutory right to counsel in § 3582 proceeding); United States v. Hereford, 385 F. App'x 366, 367-69 (5th Cir. 2010) (designated unpublished) (appointment of counsel not required in § 3582 proceeding).
The Court DENIES Sanchez's motion for appointment of counsel (D.E. 21).
ORDERED this 13th day of November, 2015.
/s/_________
NELVA GONZALES RAMOS
UNITED STATES DISTRICT JUDGE