United States v. Tillisy, 2:13-cr-00310

Defendant Muhammed Zbeida Tillisy is in Washington state custody serving consecutive state and federal sentences; he previously sought appointed counsel to evaluate a First Step Act/compassionate-release claim.
Tillisy reports serious, life‑threatening medical conditions and recent brain surgery, arguing he cannot obtain "extraordinary medical placement" or have the BOP file a motion on his behalf because he is in state custody.
The Court previously denied a similar motion as premature, noting public defender resources are better used if Defendant is in federal custody, and invited renewal of the request.
Tillisy renewed with an "Emergency Motion to Appoint Counsel," asserting state custody should not bar his First Step Act claim and that Chief Judge Martinez’s General Order does not preclude state inmates with consecutive federal sentences.
The Court found appointment of counsel may be warranted given the record and recent surgery but lacked sufficient information to determine whether the interests of justice require appointment now.
The Court granted the motion in part and denied it in part: the matter was referred to the Office of the Federal Public Defender (FPD) to advise within 21 days whether it will seek appointment and, if so, to assist Tillisy in preparing a motion and financial affidavit to assess eligibility.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether counsel should be appointed to assist with a First Step Act/compassionate-release filing	United States (Plaintiff) did not expressly oppose appointment in the excerpt; court must balance interests and resource use	Tillisy: counsel is necessary to pursue a First Step Act claim and to access the courts given his medical condition and state custody	Granted in part: court referred matter to FPD for review and to advise within 21 days; no immediate appointment made pending FPD decision and further info
Whether being in state custody bars filing a compassionate‑release motion under the First Step Act	Plaintiff position not detailed in excerpt	Tillisy: state custody should not bar his ability to seek compassionate release; statute and intent do not require federal custody; access-to-courts claim	Not decided on the merits; court did not resolve and instead requested FPD review due to insufficient record
Whether Tillisy’s medical condition (including recent brain surgery) justifies immediate appointment or relief	Plaintiff position not detailed in excerpt	Tillisy: serious medical issues warrant counsel and consideration for compassionate release	Court acknowledged medical issues may warrant counsel but found record insufficient to order immediate appointment; referral to FPD ordered