George v. United States

Background

Robert George pleaded guilty on December 19, 2007, under a plea agreement to conspiring to possess with intent to distribute 50 grams or more of cocaine base, in violation of 21 U.S.C. §§ 846 and 841(b)(1)(A). On November 7, 2008, Judge Thomas P. Griesa sentenced him to 17 years of imprisonment and five years of supervised release.

On October 23, 2023, George filed a motion under 28 U.S.C. § 2255 seeking to vacate his conviction. He argued that his lawyer had provided constitutionally ineffective assistance. George also filed a petition seeking a writ of error coram nobis, requests for discovery and documents, and a motion for appointment of counsel. The opinion states that these filings were made without a lawyer.

The government represented that George had completed his prison term in this case but was confined under a civil commitment order entered by the U.S. District Court for the Western District of Missouri under 18 U.S.C. § 4246. The court assumed without deciding that George was either on supervised release or exposed to being placed on supervised release.

Appointment of Counsel

The court discussed Federal Rule of Civil Procedure 17(c)(2), which requires protection for an unrepresented minor or incompetent person in an action. Citing Second Circuit precedent, the court stated that it could not decide the merits of claims filed on behalf of an unrepresented minor or incompetent person who was not properly represented. The order does not expressly find that George is a minor or incompetent.

Ruling

“In the interests of justice,” the court granted George’s motion requesting appointment of counsel. It appointed David J. Cohen as counsel under the Criminal Justice Act. Mr. Cohen may file a submission on George’s behalf within 30 days of the order. The order did not rule on the merits of George’s § 2255 motion, his coram nobis petition, or his discovery requests.