United States v. Carroll Griffin ( 2019 )

Case: 18-30881 Document: 00514984090 Page: 1 Date Filed: 06/05/2019
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 18-30881 FILED
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
CARROLL GRIFFIN, also known as Junny, also known as GWAUP,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 6:18-CV-79
Before SOUTHWICK, HAYNES, and HO, Circuit Judges.
PER CURIAM: *
Carroll Griffin, federal prisoner # 19523-035, moves this court for a
certificate of appealability (COA) to appeal the district court’s denial of his
28 U.S.C. § 2255 motion, alleging that counsel was ineffective in failing to file
a direct appeal on his behalf. The district court denied the motion following an
evidentiary hearing. Griffin now challenges the district court’s failure to
appoint counsel to represent him at that hearing.
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 18-30881 Document: 00514984090 Page: 2 Date Filed: 06/05/2019
No. 18-30881
Rule 8(c) of the Rules Governing § 2255 Proceedings required the district
court to appoint Griffin counsel for the evidentiary hearing because he was
unable to afford retained counsel. See United States v. Vasquez, 7 F.3d 81, 84
(5th Cir. 1993). Griffin’s motion for a COA is therefore GRANTED. The
district court’s judgment is VACATED, and the case is REMANDED for a new
evidentiary hearing with appointed counsel.
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