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United States v. Smith

United States District Court, E.D. Kentucky, Central Division, Frankfort

July 9, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
MICHAEL D. SMITH, pro se, Defendant.

          MEMORANDUM OPINION AND ORDER

          Joseph M. Hood, Senior U.S. District Judge.

         On June 20, 2019, the Defendant, Michael D. Smith (“Smith”), proceeding pro se, filed a “Motion to Appoint Counsel.” [DE 1001].[1]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.

         I. FACTUAL AND PROCEDURAL BACKGROUND

         On July 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.].

         II. ANALYSIS

         Smith 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 denied.

         In 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 imprisoned.
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 ...

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