USA v. Lattaker

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:07-CR-00094-RJC
THIS MATTER comes before the Court upon the defendant’s motion to
reconsider, (Doc. No. 51), the denial, (Doc. No. 49: Order), of his motion for
appointment of counsel, (Doc. No. 48), as well as another motion for appointment of
counsel, (Doc. No. 52).
In the instant motions, the defendant continues to seek the assistance of
counsel to consider any claims he may have in light of Rehaif v. United States, 139
S. Ct. 2191 (2019). Title 28, United States Code, Section 2255 allows a prisoner to
move to vacate a sentence obtained in violation of the Constitution, with certain
limitations. However, there is no constitutional right to counsel in proceedings
under § 2255. See Crowe v. United States, 175 F.2d 799 (4th Cir. 1949).
IT IS, THEREFORE, ORDERED that the defendant’s motions, (Doc. Nos. 51,
52), are DENIED. The Clerk’s Office is directed to send a form-motion to vacate to
the defendant with service of this Order.
The Clerk is directed to certify copies of this order to the defendant, counsel
for the defendant, and to the United States Attorney.
USA )
)
v. ) ORDER
)
JOHN LYNN LATTAKER )
)
Signed: April 6, 2020
Case 3:07-cr-00094-MOC-SCR Document 53 Filed 04/06/20 Page 1 of 1