Opinion
No. 00 CR 693
July 6, 2001
MEMORANDUM ORDER
Suray Mansour ("Mansour"), who was represented by retained counsel through the trial and ensuing sentencing in this case, has filed self-prepared forms of Application To Proceed Without Prepayment of Fees ("Application") and Motion for Appointment of Counsel ("Motion"), in each instance by filling in the blanks in the form document provided by the Clerk's Office for that purpose. This Court has already denied the Application, because Mansour's reported bank balance of some $1,200 is obviously sufficient to enable him to pay the $105 in appellate fees. This memorandum order addresses the remaining matter of his request for appointment of counsel to handle his appeal, as set out in the Motion.
On that score it appears that Mansour qualifies financially, because the Application does not reflect enough in the way of assets to enable him to pay for a lawyer at conventional market rates. It is true that Mansour has left blank Motion ¶ 2, which calls for him to state what attempts he has made to retain counsel to represent him, but this Court will not base its denial of the Motion on that failure. Instead the controlling factors are (1) that the proof at trial of Mansour's guilt of the charged offense (a violation of 18 U.S.C. § 201 (c)(1)) was overwhelming (beyond a reasonable doubt may be an understatement), (2) that he was sentenced within the prescribed guideline range and (3) that he has identified nothing as a good faith basis for reversal on appeal of either his conviction or his sentence.
Accordingly the Motion is denied. Mansour is advised, however, that he may renew the Motion before the Court of Appeals.