Clark v. USA
| Terrance Clark |
| USA |
| 3:2020cv00954 |
| July 9, 2020 |
| US District Court for the District of Connecticut |
| Jeffrey A Meyer |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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| Document Text |
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| Filing 7 RESPONSE TO by USA filed by USA. (Courtney Kaoutzanis, Jocelyn) |
Filing 6
ORDER DENYING MOTION TO APPOINT COUNSEL (Doc. #5). The Court DENIES the motion to appoint counsel for lack of a sufficient showing at this time of a likelihood of success. See Hendricks v. Coughlin, 114 F.3d 390, 393 (2d Cir. 1997); Hodge v. Police Officers, 802 F.2d 58, 61-62 (2d Cir. 1983). Although the Court will await the Government's response before ruling on the merits of Clark's motion, Clark's claim that he was never told of Rehaif v. United States, 139 S. Ct. 2191 (2019) and the requirement that he know of his status as a convicted felon is contradicted by the terms of his written plea agreement. The plea agreement states that "the parties acknowledge that the Supreme Court in Rehaif v. United States, No. 17-9560, is currently considering whether, as an element of his offense, the defendant must also have known that he was a felon at the time he possessed the firearm. The defendant expressly stipulates that he did know that he was a felon at the time he possessed the firearm, regardless of whether that fact constitutes an element of the offense." United States v. Clark, 19cr110, Doc. #22 at 2. Because Clark's motion for post-conviction relief appears to be based on his misrepresentation of the record, the Court declines to exercise its discretion to appoint counsel on his behalf. It is so ordered. Signed by Judge Jeffrey A. Meyer on 7/15/2020. (Freberg, B)
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| Filing 5 MOTION to Appoint Counsel by Terrance Clark. (Freberg, B) |
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Filing 4
ORDER TO SHOW CAUSE. The United States of America is hereby ordered to file a responses by 7/28/2020 re #1 MOTION to Vacate, Set Aside or Correct Sentence (2255). Signed by Judge Jeffrey A. Meyer on 7/10/2020.(Gutierrez, Y.)
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Filing 3
STANDING PROTECTIVE ORDER. Signed by Judge Jeffrey A. Meyer on 7/9/2020.(Freberg, B)
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Filing 2
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Jeffrey A. Meyer on 7/9/2020.(Freberg, B)
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| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (2255). by Terrance Clark. (Attachments: #1 Criminal Judgment)(Freberg, B) |
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| Petitioner: Terrance Clark | |
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| Respondent: USA | |
| Represented By: | John B. Hughes |
| Represented By: | Jocelyn J. Courtney Kaoutzanis |
| Represented By: | Sarah P. Karwan |
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