Gurule v. United States

Opinion

THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH

THOMAS RAY GURULE, MEMORANDUM DECISION AND ORDER DENYING MOTION FOR Movant, APPOINTMENT OF COUNSEL

v. Case No. 2:21-cv-00344-DN (Criminal No. 2:04-cr-209-PGC-1) UNITED STATES OF AMERICA, District Judge David Nuffer Respondent.

Movant Thomas Ray Gurule seeks the appointment of counsel in this case brought under 28 U.S.C. § 2255 (“Motion”).1 There is no constitutional or statutory right to the appointment of counsel in § 2255 proceedings, unless an evidentiary hearing is held.2 Nevertheless, counsel may be appointed when “the interests of justice so require” for a “financially eligible person” seeking relief under § 2255.3 After review and consideration of Mr. Gurule’s filings, justice does not require the appointment of counsel. Briefing on Mr. Gurule’s § 2255 Motion is now complete.4 Mr. Gurule has shown an “ability to investigate the facts necessary for [the] issues and to articulate them in a

1 Motion for Appointment of Counsel, docket no. 3, filed June 2, 2021. 2 Paul v. United States, 2006 WL 314563, *1 (D. Utah Feb. 9, 2006); Rules Governing Section 2255 Proceedings for the United States District Courts 8(c). 3 18 U.S.C. § 3006A(a)(2)(B). 4 Motion for Authorization to File a Second or Successive Motion to Vacate, Set Aside or Correct Sentence Under 28 U.S.C. § 2255 by a Prisoner in Federal Custody (“§ 2255 Motion”), docket no. 1, filed Nov. 27, 2019; United States’ Response to Motion to Vacate Under 28 U.S.C. § 2255, docket no. 5, filed July 14, 2021; Reply to Government’s Motion to Respond to Vacate, Set Aside, or Correct Sentence to 28 U.S.C. § 2255, docket no. 12, filed Nov. 8, 2021. meaningful fashion.” The issues Mr. Gurule raises are also “straightforward and not so complex as to require counsel’s assistance.”° And an evidentiary hearing on the § 2255 Motion will be unnecessary. ORDER THEREFORE, IT IS HEREBY ORDERED that Mr. Gurule’s Motion for Appointment of Counsel’ is DENIED. Signed November 18, 2021. BY THE COURT

David Nuffer United States District Judge

> United States v. Lewis, No. 97-3135-SAC, 1998 WL 1054227, *3 (D. Kan. Dec. 9, 1998); Oliver v. United States, 961 F.2d 1339, 1343 (7th Cir. 1992). 6 Lewis, 1998 WL 1054227, *3; Oliver, 961 F.2d at 1343. 7 Docket no. 3, filed June 2, 2021.