USA v. Simpson

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Criminal Case No. 14-cr-00265-PAB
UNITED STATES OF AMERICA,
Plaintiff,
v.
MICHAEL EUGENE SIMPSON,
Defendant.
_____________________________________________________________________
ORDER
_____________________________________________________________________
This matter comes before the Court on Appellate Counsel’s Unopposed Motion
to be Appointed as Counsel for Mr. Simpson for Resentencing [Docket No. 271].
On October 23, 2015, Lynn C. Hartfield was appointed under the Criminal
Justice Act to represent Mr. Simpson in his appeal to the Tenth Circuit Court of Appeals
(No. 15-1295). Docket No. 231. On January 10, 2017, the Tenth Circuit issued an
order reversing in part and affirming in part the judgment in this case. Docket No. 264.
The mandate issued on March 14, 2017. Docket No. 267. On March 15, 2017, the
government moved to dismiss the reversed counts and asked to schedule a
resentencing hearing as to the counts that were not reversed. The Court granted the
motion on March 16, 2017. Docket No. 269. T he dismissed counts will result in a
reduction in Mr. Simpson’s advisory guideline range for the remaining counts.
Mr. Simpson represented himself at his original sentencing hearing. He does not
wish to represent himself at his resentencing hearing. See Declaration of Michael
Case No. 1:14-cr-00265-PAB Document 273 filed 03/21/17 USDC Colorado pg 1
of 2

Simpson. Docket No. 271-1. Mr. Simpson would like Ms. Hartfield to represent him.
Id. Ms. Hartfield, however, is not a member of the district court CJA panel. The District
of Colorado’s Criminal Justice Act Panel Plan permits special appointments of a
specific attorney who is not a member of the CJA Panel for purposes of “justice, judicial
economy, continuity of representation, or some other compelling circumstance.”
Criminal Justice Act Panel Plan § VII.D. Because of appellate counsel’s greater
familiarity with the legal and factual issues in the case, judicial economy and continuity
of representation constitute exceptional circumstances that make the appointment of
Ms. Hartfield appropriate. Wherefore, it is
ORDERED that Appellate Counsel’s Unopposed Motion to be Appointed as
Counsel for Mr. Simpson for Resentencing [Docket No. 271] is granted. Lynn C.
Hartfield shall be appointed under the Criminal Justice Act as counsel for defendant
Michael Eugene Simpson for resentencing.
DATED March 21, 2017.
BY THE COURT:
s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge
2
Case No. 1:14-cr-00265-PAB Document 273 filed 03/21/17 USDC Colorado pg 2
of 2