Gomez v. Lewis

Filing 7

ORDER APPOINTING COUNSEL. Signed by Judge William Alsup on 2/12/13. (Attachments: # 1 Certificate/Proof of Service)(dt, COURT STAFF) (Filed on 2/12/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JORGE A. GOMEZ,

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For the Northern District of California

United States District Court

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No. C 12-2338 WHA (PR)

Petitioner,

ORDER APPOINTING COUNSEL

v.
G. LEWIS, Warden,

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Respondent.
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Petitioner, a California prisoner, filed a pro se petition for a writ of habeas corpus,

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claiming that Section 2933.6(a) of the California Penal Code, as amended, violates the Ex Post

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Facto Clause of the United States Constitution and the terms of his plea agreement. Respondent

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was ordered to show cause why the writ should not be granted. Respondent filed an answer

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denying both claims with a supporting memorandum of points and authorities. Petitioner filed a

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traverse.

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The interests of justice warrant appointment of counsel to represent petitioner. A

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district court may appoint counsel to represent a habeas petitioner whenever "the court

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determines that the interests of justice so require" and such person is financially unable to

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obtain representation. 18 U.S.C. 3006A(a)(2)(B). The petition presents substantial and

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complex legal issues. For example, whether his rights under the Ex Post Facto Law were

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violated because the calculation of his good conduct credits is based upon actions taken by him

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before the changes to Section 2933.6(a) of the California Penal Code went into effect. This

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issue has not been resolved by the United States Court of Appeals for the Ninth Circuit. In

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addition, petitioner’s second claim cannot be resolved because no records of the contents of the

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plea agreement have been submitted. Appointment of counsel serves the interests of justice in

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resolving these issues correctly. Therefore, this matter is REFERRED to the Federal Public

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Defender to promptly find representation for petitioner.

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The clerk of the court is directed to provide a copy of this order to the Office of the

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Federal Public Defender. Upon being notified by the Office of the Federal Public Defender that

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an attorney has been located to represent petitioner, that attorney will be appointed pursuant to

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18 U.S.C. 3006A as counsel for petitioner. At that time, supplemental briefing and oral

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argument will be scheduled.
IT IS SO ORDERED.

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Dated: February
For the Northern District of California

United States District Court

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, 2013.

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WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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G:\PRO-SE\WHA\HC.12\GOMEZ2338.APTCSL.wpd

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