Opinion
CRIMINAL CASE NO. 1:16-cr-00002-MR
10-14-2020
UNITED STATES OF AMERICA, Plaintiff, v. BARRY CARLTON TAYLOR, Defendant.
ORDER
THIS MATTER is before the Court on the Defendant's motion for the appointment of counsel [Doc. 57].
The Defendant moves for the appointment of counsel to represent him in connection with filing a motion for compassionate release. The Defendant has no constitutional right to the appointment of counsel to file post-conviction motions. Lawrence v. Florida, 549 U.S. 327, 336-37 (2007) (citing Coleman v. Thompson, 501 U.S. 722, 756-57 (1991)); Rouse v. Lee, 339 F.3d 238, 250 (4th Cir. 2003), cert. denied, 541 U.S. 905 (2004) (citing Pennsylvania v. Finley, 481 U.S. 551, 555-56 (1987) (no constitutional right to counsel beyond first appeal of right)). The Court may, in some circumstances, appoint counsel to represent a prisoner when the interests of justice so require and the prisoner is financially unable to obtain representation. See 18 U.S.C. § 3006A(a)(2)(B). In the instant case, however, the Defendant has failed to demonstrate that the interests of justice warrant the appointment of counsel. See United States v. Riley, 21 F. App'x 139, 141-42 (4th Cir. 2001).
The Court denied the Defendant's motion for compassionate release without prejudice on October 9, 2020. [Doc. 59]. --------
IT IS, THEREFORE, ORDERED that the Defendant's motion for the appointment of counsel [Doc. 57] is DENIED.
IT IS SO ORDERED.
Signed: October 14, 2020
/s/_________
Martin Reidinger
Chief United States District Judge