Opinion
No. 3-92-CR-254-H.
April 4, 2005
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Pursuant to the District Court's order filed on March 30, 2005, came on to be considered Defendant Alonzo Richard's Motion for Appointment of Counsel Under the Criminal Justice Act, pursuant to 18 U.S.C. § 3006A filed on February 28, 2005, and the magistrate judge finds and recommends as follows:
Defendant was sentenced to a term of 300 months incarceration on April 1, 1993, after having been found guilty of four counts in the indictment. On November 30, 1993, his conviction and sentence were affirmed by the Fifth Circuit. On or about January 19, 1994, his petition for writ of certiorari was denied by the United States Supreme Court.
On July 18, 1994, Richard filed a motion pursuant to 28 U.S.C. § 2255. On August 29, 1995, the District Court denied the motion, which was affirmed by the Fifth Circuit on or about October 8, 1996. He filed a second § 2255 motion on October 30, 1996, which was dismissed by the District Court on November 12, 1996, without prejudice to Richard's right to seek leave to file a successive motion from the Fifth Circuit. On or about January 5, 1998, the Fifth Circuit denied his motion for leave to file a successive motion.
Other relief sought by Richard has been denied by the District Court and on or about October 14, 1999, a second motion for leave to file a successive motion was denied by the Fifth Circuit.
The Criminal Justice Act, 18 U.S.C. § 3006A(a)(1) and (2), sets out the circumstances under which an indigent person may be entitled to appointed counsel. At this point in time and given that there is no presently pending action in which Richard is a party, he is not entitled to the services of appointed counsel.
RECOMMENDATION:
For the foregoing reasons it is recommended that Richard's motion be denied.
A copy of this recommendation shall be transmitted to Richard.