In Forma Pauperis – Revocation

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7^th Circuit Court of Appeals

Case Name: United States of America v. Marcus C. Durham

Case No.: 18-3283

Officials: WOOD, Chief Judge.

Focus: In Forma Pauperis – Revocation

Marcus Durham is seeking to appeal from the district court’s order revoking his supervised release and imposing a sentence of an additional 30 months in prison. Durham’s supervised release relates to his conviction for conspiring to distribute and possessing with intent to distribute cocaine and cocaine base. For purposes of the proceedings in the district court, a magistrate judge had found that Durham was “financially unable to retain counsel,” as required by 18 U.S.C. § 3006A(b). Initially, Durham was represented by a court-appointed lawyer, but before the revocation hearing, that lawyer withdrew with the court’s permission. Durham was represented by retained counsel at the hearing. After the hearing, the court allowed retained counsel to withdraw. Durham then filed a motion pro se to proceed in forma pauperis (IFP) on appeal—a request he needed to make, because during the time he was able to engage retained counsel he was presumably also able to pay. His IFP status thus lapsed when appointed counsel left the case, see FED. R. APP. P. 24(A)(3). In support of his new motion, he cited his renewed inability “to retain counsel and pay for the costs attendant to the proceedings.”

I hereby GRANT Durham’s motion for leave to proceed in forma pauperis in his appeal from the district court’s revocation of his supervised release.

Granted

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.