McKire-Bennett v. United States

Summary

The United States District Court for the Western District of Wisconsin addresses Lloyd M. McKire-Bennett’s motion for appointment of counsel in his 28 U.S.C. § 2255 proceeding challenging his federal convictions and sentence, primarily on ineffective-assistance grounds. The court denies appointment of counsel without prejudice and grants McKire-Bennett until June 1, 2026, to reply to the government’s response.

Holdings

1. Appointment of counsel was not warranted at this stage because the current briefing did not show that the issues were too complex for McKire-Bennett to handle without counsel. The motion was therefore denied without prejudice.
2. A pending motion for appointment of counsel did not relieve McKire-Bennett of his obligation to file a reply by the applicable deadline.

Questions Presented

1. Whether counsel should be appointed for McKire-Bennett in his § 2255 proceeding.
2. Whether filing a motion for appointment of counsel excused McKire-Bennett from filing a timely reply to the government's response.

Disposition

other