Opinion
2:16-cr-00020-DN
10-11-2022
UNITED STATES OF AMERICA, Plaintiff, v. MARLON ALONZO SMITH, Defendant.
MEMORANDUM DECISION AND ORDER DISMISSING MOTION TO COMPEL COUNSEL TO RELEASE FILES AND RECORD
David Nuffer, United States District Judge.
Defendant seeks an order compelling defense counsel to turn over to him all records and files in the case (“Motion”). However, final judgment has entered in this case and the Tenth Circuit Court of Appeals has affirmed Defendant's conviction and sentence.
Motion to Compel Counsel to Release Files and Record (“Motion”), docket no. 248, filed Sept. 30, 2022.
Judgment in a Criminal Case, docket no. 181, filed Oct. 2, 2018.
Order and Judgment, docket no. 200, filed Feb. 25, 2020.
“After entry of final judgment, a district court has jurisdiction only to the extent permitted by statute or rule.” And the district court's original jurisdiction under 18 U.S.C. § 3231 does not confer “jurisdiction over all post-conviction motions.” Defendant cites no legal authority that would confer jurisdiction over his Motion. The Tenth Circuit Court of Appeals has also held that the district court lacks jurisdiction to address the merits of post-conviction motions to compel counsel to provide a criminal defendant with counsel's case file. Therefore,
United States v. James, 728 Fed. App'x 818, 822 (10th Cir. 2018).
Id.
Id.; United States v. Garcia-Herrera, 894 F.3d 1219, 1220 (10th Cir. 2018); United States v. Benitez, 720 Fed. App'x 509, 510-11 (10th Cir. 2018).
IT IS HEREBY ORDERED that Defendant's Motion is DISMISSED for lack of jurisdiction.
Docket no. 248, filed Sept. 30, 2022.