U.S. v. Warren

Full title: UNITED STATES OF AMERICA v. DAWAN A. WARREN

Court: United States District Court, N.D. Indiana, Fort Wayne Division

Date published: Jun 23, 2008

1:07-CR-14-TS (N.D. Ind. Jun. 23, 2008)

Opinion

1:07-CR-14-TS.

June 23, 2008

OPINION and ORDER

THERESA SPRINGMANN, Magistrate Judge

Before the Court is a Motion for Appointment of Investigator [DE 71], filed June 20, 2008. The Defendant, who is indigent and is being represented by an appointed attorney, states that he needs "to locate, question and/or subpoena witnesses for trial and to develop mitigating evidence in this case." (Def. Mot. ¶ 4.) The motion states that counsel does not anticipate that the expenses for the investigation would exceed $1,600, plus reasonable costs. ( Id. ¶ 7.)

Appointment of investigators for defendants is governed by 18 U.S.C. § 3006A(e). The Court finds that the defendant is financially unable to obtain the services, 18 U.S.C. § 3006A(e)(1), because he has already been determined to be indigent, and "the services are necessary," id., because it appears, based on proceedings thus far in the case, that the Defendant "may have a plausible defense," United States v. King, 356 F.3d 774, 778 (7th Cir. 2004).

Therefore, the Motion for Appointment of Investigator [DE 71] is GRANTED.

So ORDERED.