United States District Court, E.D. Kentucky, Central Division, Frankfort
MEMORANDUM OPINION AND ORDER
M. Hood, Senior U.S. District Judge.
20, 2019, the Defendant, Michael D. Smith
(“Smith”), proceeding pro se, filed a
“Motion to Appoint Counsel.” [DE
1001].While Smith does not state why he needs
appointed counsel, he claims that he has been incarcerated
for eight years, that he was falsely arrested and imprisoned,
and that the indictment in his case was not a true bill of
indictment. [DE 1001]. On June 25, 2019, this Court directed
the United States of America (“United States”) to
respond to Smith's motion by July 8, 2019. [DE 1002]. On
July 1, 2019, Smith filed an identical “Motion to
Appoint Counsel[, ]” stating the same grounds for
relief. [DE 1003]. On July 8, 2019, the United States filed
its response in opposition, [DE 1004], to Smith's June
20th motion. [DE 1001]. Having reviewed Smith's identical
motions [DE 1001; DE 1003] and the United States'
response, [DE 1004], and being otherwise sufficiently
advised, IT IS ORDERED that Smith's
motion is DENIED.
FACTUAL AND PROCEDURAL BACKGROUND
1, 2011, Smith was found guilty and convicted of six counts
of mail fraud in violation of 18 U.S.C. § 1341 and one
count of conspiracy to commit mail fraud in violation of 18
U.S.C. § 1349. [DE 669]. As a result, this Court
sentenced Smith to 120-months imprisonment. [DE 669; DE 830].
The Sixth Circuit denied Smith's subsequent appeal. [DE
875]. Thereafter, Smith filed a motion to vacate his sentence
under § 2255, which was denied by the district court.
[DE 996 at 1, PageID #13776]. The Sixth Circuit denied
Smith's application for a certificate of appealability
and then denied Smith permission to file a second or
successive motion to vacate in 2019. [Id.].
now requests the Court grant his motions for appointment of
counsel. [1001, 1003]. However, Smith does not state the
reason why he needs counsel, nor does he provide any legal
argument in support of his request for the appointment of
counsel. [Id.]. Of course, the Court has discretion
on whether to appoint counsel in this situation. But here,
Smith does not state - nor is there any indication - that
appointment of counsel will provide meaningful assistance to
Smith. Accordingly, his motion for such appointment must be
support of his motion, Smith provides the following list:
1. I, Michael Smith have been incarcerated for eight years.
2. I, Michael Smith have been falsely arrested and
3. The indictment in this case is not a TRUE BILL.
4. The indictment on file has no signatures required to make
it a valid TRUE BILL.
5. This indictment was not signed due to the fact, the grand
jury declined to indict.
6. Government witness could not produce payment for proof of
employment due to the fact that she never ...