United States of America v. Danny Joseph Fabricant

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DANNY JOSEPH FABRICANT,
Defendant - Appellant.
No. 15-50251
D.C. No. 2:03-cr-01257-RSWL
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Ronald S.W. Lew, District Judge, Presiding
Submitted June 14, 2016**
Before: BEA, WATFORD, and FRIEDLAND, Circuit Judges.
Danny Joseph Fabricant appeals pro se from the district court’s order
denying his ex parte request for reimbursement of expenses pursuant to the
Criminal Justice Act (“CJA”), 18 U.S.C. § 3006A. We affirm.
Fabricant contends that the district court erred by denying his request for
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
JUN 20 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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reimbursement of the costs incurred in the preparation of his 28 U.S.C. § 2255
petition. The CJA authorizes reimbursement of costs for pro se petitioners seeking
habeas relief only where the district court determines that the interests of justice
“would have required the furnishing of [CJA] representation.” See Guide to
Judiciary Policy, Volume 7, Part A, § 310.10.30. Here, the district court
previously determined that Fabricant did not meet the standard for CJA
representation in his section 2255 proceeding. See 18 U.S.C. § 3006A(a)(2)(B)
(section 2255 petitioner may be appointed CJA representation where the court
“determines that the interests of justice so require”); see also Sanchez v. United
States, 50 F.3d 1448, 1456 (9th Cir. 1995) (“[T]here is no constitutional right to
counsel at a collateral, post-conviction section 2255 proceeding.”). Therefore, the
court correctly determined that nothing in the CJA allows for Fabricant to receive
the requested reimbursement.
Fabricant’s May 2, 2016, request is denied.
AFFIRMED.

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