2:22-cr-00041•USA v. Simon
Testo completo
1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA UNITED STATES OF AMERICA VERSUS SIDNEY SIMON CRIMINAL ACTION NO. 22-41 SECTION "H" (3) ORDER AND REASONS Before the Court is Sidney Simon’s Motion to be Put on Stay and Appoint Counsel (R. Doc. 52). The motion (R. Doc. 52) is denied for the following reasons. The Sixth Amendment guarantees the rights of criminal defendants, including the right to a lawyer. U.S. Const. amend. VI. There is no right to counsel, however, in postconviction proceedings. Garza v. Idaho, 586 U.S. 232, 245 (2019). The constitutional right to counsel extends only through the defendant's first appeal. See United States v. Whitebird, 55 F.3d 1007, 1011 (5th Cir. 1995) (citing Coleman v. Thompson, 501 U.S. 722, 755-57 (1991)). Here, Simon seeks the appointment of counsel to assist with adjustments to his sentence.1 The Fifth Circuit dismissed Simon’s appeal on November 27, 2024.2 Simon does not have a right to counsel under the Sixth Amendment. Moreover, Simon has not established his right to counsel under the Fifth Amendment’s Due Process 1 R. Doc. 52. 2 R. Doc. 50. Case 2:22-cr-00041-JTM-EJD Document 54 Filed 02/11/26 Page 1 of 3
2 Clause3 or under U.S.C. § 3006A.4 A stay is not warranted by the circumstances of this case. Simon also seeks copies of documents requested in his earlier motion (R. Doc. 47). The Court’s record indicates that such documents were sent to Simon. Nonetheless, to ensure receipt, a second copy will be sent. Finally, Simon seeks various adjustments to his sentence that appear to overlap with those previously considered by the District Court. There is no basis for reconsideration the District Court’s denial of the requested relief. Accordingly, IT IS ORDERED that the Motion to be Put on Stay and Appoint Counsel (R. Doc. 52) is GRANTED IN PART and that the Clerk of Court re-send the following documents to Simon: copies of the docket sheet, the transcript of his sentencing hearing, any orders and decisions, and any discovery included in the record. IT IS FURTHER ORDERED that the motion is DENIED in all other respects. 3 The Supreme Court has interpreted the Due Process Clause to require the appointment of counsel for indigent defendants whenever “fundamental fairness” demands it. United States v. Robinson, 542 F.3d 1045, 1051 (5th Cir. 2008) (citing Gagnon v. Scarpelli, 411 U.S. 778, 790 (1973)). Defendant’s motion does not present any due process concerns. 4 Defendants do not have a statutory right to an attorney to file a § 3582(c)(2) motion under § 3006A(c). Whitebird, 55 F.3d at 1011. Case 2:22-cr-00041-JTM-EJD Document 54 Filed 02/11/26 Page 2 of 3
3 New Orleans, Louisiana, this 11 th day of February, 2026. EVA J. DOSSIER UNITED STATES MAGISTRATE JUDGE Case 2:22-cr-00041-JTM-EJD Document 54 Filed 02/11/26 Page 3 of 3
Ti chiedi come si applica questo testo alla tua situazione?
Consulenza gratuita, senza impegno
Descrivi la tua situazione. Il nostro team ti ricontatterà via e-mail per la tua consulenza.
Continua la tua ricerca in ChatGPT o Claude
Collega Omnilex per cercare nel corpus legale dal tuo assistente IA.