U.S. v. Gordon

Full title: UNITED STATES OF AMERICA, Plaintiff, v. WINSTON GORDON, Defendant

Court: United States District Court, E.D. Missouri, Eastern Division

Date published: Nov 7, 2006

Case No. 4:04CR34 HEA (E.D. Mo. Nov. 7, 2006)

Opinion

Case No. 4:04CR34 HEA.

November 7, 2006

MEMORANDUM AND ORDER

HENRY AUTREY, District Judge

This matter is before the Court on defendant's oral motion for appointment of appellate counsel and motion to proceed in forma pauperis on appeal.

At defendant's sentencing, the Court granted counsel for defendant's motion for leave to withdraw. The Court also inquired of defendant regarding his financial condition. Defendant advised the Court that he had no assets from which he could retain counsel. The Court determined in open court that defendant was financially unable to retain counsel. Furthermore, counsel for defendant advised the Court that he thought it would be more appropriate for the Court to appoint new counsel more qualified in appellate practice and more closely geographically located to defendant. Accordingly, the Court did not request counsel to pursue defendant's appeal.

In that the Appellate Court ordinarily appoints counsel on appeal, this Court will not appoint counsel, rather, the Court will defer to the Appellate Court for ruling on defendant's oral motion for appointment of counsel on appeal.

Accordingly,

IT IS HEREBY ORDERED that defendant's oral motion to proceed in forma pauperis on appeal is granted.

IT IS FURTHER ORDERED that defendant's oral motion for appointment of appellate counsel is submitted to the Appellate Court for determination.