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United States v. Ramirez-Salazar

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


December 15, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
LUCIANO RAMIREZ-SALAZAR, DEFENDANT.

The opinion of the court was delivered by: Judge: Hon. John A. Mendez

REQUEST FOR APPOINTMENT OF COUNSEL; ORDER

RETROACTIVE CRACK COCAINE REDUCTION CASE

Pursuant to 18 U.S.C. §§ 3006A(c) and 3852(c)(2), Defendant, LUCIANO RAMIREZ-SALAZAR, hereby requests the Court appoint the Office of the Federal Defender and Assistant Federal Defender David M. Porter as counsel to represent him with respect to his motion to reduce sentence pursuant to 18 U.S.C. § 3582(c)(2), filed April 29, 2009. Mr. Porter is familiar with the case and is willing to accept the appointment.*fn1

Appointment of counsel would serve the interests of justice in this case because it might facilitate a negotiated disposition of the motion. Because Mr. Ramirez-Salazar's substantial rights may be affected by these criminal proceedings, he is constitutionally entitled to appointment of counsel. Mempa v. Rhay, 389 U.S. 128, 134 (1967).

Accordingly, Mr. Ramirez-Salazar requests the Court issue the order lodged herewith.

Dated: December 15, 2010

Respectfully submitted,

DANIEL J. BRODERICK Federal Defender /s/ David M. Porter DAVID M. PORTER Assistant Federal Defender Seeking Appointment as Attorney for Movant LUCIANO RAMIREZ-SALAZAR

ORDER

Pursuant to defendant's request, and good cause appearing therefor, the Office of the Federal Defender and Assistant Federal David M. Porter is hereby appointed to represent defendant with respect to his motion to reduce sentence.

HONORABLE JOHN A. MENDEZ United States District Judge


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