United States v. Trent Brewer

17-41173 | 5th Cir. | May 31, 2018

Before SMITH, HAYNES, and WILLETT, Circuit Judges. PER CURIAM: [*]

Trent Brewer, federal prisoner #24313-077, who pleaded guilty of Case: 17-41173 Document: 00514494283 Page: 2 Date Filed: 05/31/2018 No. 17-41173 conspiracy to possess with intent to distribute cocaine, moves for the appoint- ment of counsel. He purports to have filed a second direct appeal seeking to challenge his career-offender sentencing enhancement.

An indigent defendant in a felony case must be provided counsel on direct appeal as of right. United States v. Palomo, 80 F.3d 138" date_filed="1996-03-30" court="5th Cir." case_name="United States v. Palomo">80 F.3d 138, 141 (5th Cir. 1996); 18 U.S.C. § 3006A(a)(1)(A), (c). Brewer, however, already has filed a direct appeal of his conviction and initial sentence. See United States v. Brewer , 344 F. App’x 947 (5th Cir. 2009). A defendant “is not entitled to two appeals,” and a second appeal from the same conviction is “not properly before this Court.” United States v. Arlt, 567 F.2d 1295" date_filed="1978-02-15" court="5th Cir." case_name="United States v. Edward J. Arlt, III">567 F.2d 1295, 1296 97 (5th Cir. 1978); accord United States v. Rodriguez, 821 F.3d 632" date_filed="2016-05-04" court="5th Cir." case_name="United States v. David Rodriguez">821 F.3d 632, 633 (5th Cir. 2016). A defendant is entitled to the appointment of counsel only for his first direct appeal. See Pennsylvania v. Finley, 481 U.S. 551" date_filed="1987-05-18" court="SCOTUS" case_name="Pennsylvania v. Finley">481 U.S. 551, 555 (1987).

The motion is DENIED. Because the second appeal is not properly before this court, it is DISMISSED as frivolous. See 5 TH C IR . R. 42.2. 2


[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.