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`UNITED STATES OF AMERICA,
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`vs.
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`KEVIN HALL,
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`UNITED STATES DISTRICT COURT
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`DISTRICT OF NEVADA
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`Plaintiff,
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`Defendant.
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`Case No.: 2:14-cr-00321-GMN-NJK-1
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`ORDER
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`Pending before the Court is Petitioner Kevin Hall’s (“Petitioner”) Letter, (ECF No. 439),
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`which the Court construes as a Motion for Appointment of Counsel. For the reasons set forth
`below, Petitioner’s Motion for Appointment of Counsel is DENIED.
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`By the instant Motion, Petitioner requests the Court appoint counsel to assist him in his
`pending Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. § 2255 (“§ 2255
`Motion”). (ECF No. 434). Petitioner argues appointment of counsel is needed for him to
`adequately respond to the Government’s contention his § 2255 Motion is untimely, and
`articulately present his claim that his conviction should be vacated because Hobbs Act Robbery
`is not a crime of violence. (Mot. Appoint Counsel at 1).
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`The Sixth Amendment’s right to counsel does not apply in habeas corpus actions. See
`Knaubert v. Goldsmith, 791 F.2d 722, 728 (9th Cir. 1986). An indigent petitioner seeking relief
`under 28 U.S.C. § 2255 may move the court for appointment of representation to pursue that
`relief. 18 U.S.C. § 3006(A)(2)(B). The court has discretion to appoint counsel when the
`interest of justice so requires. 18 U.S.C. § 3006(A)(2). The interest of justice so requires where
`the complexities of the case are such that denial of counsel would amount to a denial of due
`process. See Brown v. United States, 623 F.2d 54, 61 (9th Cir. 1980).
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`Case 2:14-cr-00321-GMN-NJK Document 440 Filed 08/10/23 Page 2 of 2
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`Here, the Court has reviewed the documents and pleadings on file in this matter and
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`finds that appointment of counsel is not warranted. The issues raised in Petitioner’s § 2255 are
`not complex, and Petitioner has adequately stated his claims. United States v. Guzman-
`Cellabos, No. 2:14-cr-00183, 2023 WL 2020060, at *3 (D. Nev. Feb. 14, 2023).
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`Accordingly, IT IS HEREBY ORDERED that Petitioner’s Motion for Appointment of
`Counsel, (ECF No. 439), is DENIED.
`IT IS FURTHER ORDERED that Petitioner will be given an additional three weeks to
`file a Reply to the Government’s Response, (ECF No. 438). Petitioner’s Reply is now due by
`August 31, 2023.
`DATED this ____ day of August, 2023.
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`___________________________________
`Gloria M. Navarro, District Judge
`United States District Court
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`Page 2 of 2
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