U.S. v. Walker

Full title: UNITED STATES OF AMERICA v. DARRELL WARREN WALKER

Court: United States District Court, S.D. Texas, Galveston Division

Date published: Dec 27, 2007

CRIMINAL NO. G-04-07 (01) (S.D. Tex. Dec. 27, 2007)

Opinion

CRIMINAL NO. G-04-07 (01).

December 27, 2007

ORDER

JOHN FROESCHNER, Magistrate Judge

On December 20, 2007, Darrell Warren Walker, a named Defendant in this cause, filed a "Motion to Appoint Counsel." It is clear from the Motion that Walker intends to file a Motion to reduce his sentence under 18 U.S.C. § 3582(c)(2) pursuant to Amendment 706 of the United States Sentencing Guidelines which modified the base offense levels for crimes involving cocaine base. In his Motion, Walker alleges "counsel is needed to file said Motion with this Honorable Court."

Walker has no constitutional or statutory right to appointment of counsel for the purpose of bringing a § 3582(c)(2) Motion.United States v. Whitebird, 55 F.3d 1007, 1010-11 (5^th Cir. 1995) Therefore, the decision whether to appoint counsel rests in the discretion of the District Court. Under the circumstances, Walker should file his Motion to Reduce Sentence pro se. If the District Court later determines appointment of counsel is appropriate counsel will be appointed to assist Walker.

For the foregoing reasons it is the ORDER of this Court that the "Motion to Appoint Counsel" (Instrument no. 135) of Darrell Warren Walker is DENIED.