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United States of America v. Retroactive Crack Cocaine Beverly Lattice Barron

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


September 19, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
RETROACTIVE CRACK COCAINE BEVERLY LATTICE BARRON,
DEFENDANT.

The opinion of the court was delivered by: Judge: Hon. Frank C. Damrell, Jr.

REQUEST FOR APPOINTMENT OF COUNSEL; ORDER REDUCTION CASE

Pursuant to 18 U.S.C. §§ 3006A(c) and 3852(c)(2), Defendant, BEVERLY LATTICE BARRON, hereby requests the court appoint the Office of the Federal Defender and Assistant Federal Defender David M. Porter as counsel to represent her with respect to her motion to reduce sentence pursuant to 18 U.S.C. § 3582(c)(2), filed pro se on August 8, 2011.

Mr. Porter is familiar with the case and is willing to accept the appointment.

Appointment of counsel would serve the interests of justice in this case because it might facilitate a negotiated disposition of the motion and because the motion might raise legal issues surrounding application of the United States Sentencing Commission's recent retroactive reduction of sentences under the crack cocaine guidelines.

Because Ms. Barron's substantial rights may be affected by these criminal proceedings, she is constitutionally entitled to appointment of counsel. Mempa v. Rhay, 389 U.S. 128, 134 (1967).

Accordingly, the undersigned requests the Court issue the order lodged herewith.

Dated: September 19, 2011 Respectfully submitted, DANIEL J. BRODERICK Federal Defender /s/ David M. Porter DAVID M. PORTER Assistant Federal Defender Seeking Appointment as Attorney for Movant BEVERLY LATTICE BARRON

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 her motion to reduce sentence.

20110919

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