USA v. Reid

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
United States of America
v. Criminal No. 05-cr-57-01-SM
Gordon Reid
O R D E R
Defendant suggested that he was impeded in filing post-
conviction motions and preparing for sentencing because he was
allowed inadequate access to legal materials while incarcerated
(documents 556 and 563). The initial motion was denied, and, in
response to defendant’s motion to reconsider (document no. 563),
the court directed the government to detail the precise
difficulties experienced by the institution in providing
defendant with access to his legal materials, and to describe the
nature and extent of defendant’s access to a law library, legal
materials, and/or legal assistance.
The government has responded in detail and it is apparent
that the access provided defendant is more than sufficient to
permit him to pursue those legal claims he is constitutionally
entitled to pursue. Defendant has full access to his own
voluminous legal materials in both hard copy and electronic form,
he has access to a law library for extended periods every weekday
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(and he is taking advantage of that access). And, defendant has
stand-by counsel available. Except for limitations arising from
defendant’s own misconduct and concomitant discipline imposed for
violations of institutional rules, defendant has sufficient
access to the tools necessary to challenge his conviction and
sentence directly or collaterally, to file habeas petitions, or
to challenge the conditions of his confinement.
The record does not demonstrate that any alleged
shortcomings in the prison’s administration is currently
depriving defendant of his right of access to the courts, or is
substantially impeding his ability to prepare or pursue legal
claims related to his conviction or sentence. See Lewis v.
Casey, 518 U.S. 343 (1996); Simmons v. Dickhaut, 804 F.2d 182
(1st Cir. 1986). Accordingly, the motion to reconsider (document
no. 563) is denied.
Defendant has filed a motion for leave to reply to the
government’s representations because he disputes “some” of the
assertions made by the government. Defendant may file a reply,
but as a motion to reconsider this denial of his motion to
reconsider.
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The court previously allowed an extension of time to file
motions and objections until his motions regarding access to
legal materials were resolved. That extension terminates with
this order, as the matter is now resolved. Should defendant file
a motion to reconsider with respect to access to a law library,
he should assert specific facts demonstrating that his
constitutional right of access to the courts is being violated,
in which case the issue will be addressed as necessary at the
sentencing hearing. The sentencing hearing is continued until
June 4, 2007, to allow defendant additional time to prepare.
Defendant previously suggested an intent to file post-trial
motions and motions to reconsider (document no. 546). He has
also filed a motion seeking an extension of time to respond to
the Pre-Sentence Investigation Report (document no. 564), which
motion is granted, in part.
Defendant shall file post-verdict motions(e.g., for new
trial under Fed. R. Cr. P. 33) or motions to reconsider, or other
pertinent motions, and shall file any objections he has to the
Pre-Sentence Investigation Report and/or motions for departures
or non-guidelines sentencing, on or before May 22, 2007.
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Conclusion
Defendant’s motion to extend time (document no. 555) and
motion to extend time to object to Pre-Sentence Investigation
Report (document no. 564) are granted in part and denied in part.
Defendant shall file post-verdict motions, motions to reconsider,
objections to the Pre-Sentence Investigation Report, and motions
for sentencing departures or for a non-guideline sentence, on or
before May 22, 2007. Defendant’s motion for leave to reply to
the government’s response regarding his current access to legal
materials and law library (document no. 567) is granted in part.
Defendant may file a motion to reconsider the denial of his
motion to reconsider the denial of his motion for miscellaneous
relief. Defendant’s motion to reconsider order on motion for
miscellaneous relief (document no. 563) is denied.
The sentencing hearing currently scheduled for May 14, 2007,
is continued until June 4, 2007, to permit defendant additional
time to prepare and file motions and sentencing objections, as
desired, but they must be filed on or before May 22, 2007.
SO ORDERED.
____________________________
Steven J. McAuliffe
Chief Judge
May 9, 2007
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cc: Donald A. Feith, Esq.
Robert M. Kinsella, Esq.
Michael J. Iacopino, Esq.
Gordon Reid, pro se
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