Marlon Alonzo Smith was convicted in 2016 of possessing methamphetamine with intent to distribute and sentenced to 180 months in prison. After his conviction was affirmed on direct appeal and his initial § 2255 habeas motion was denied, Smith filed a Rule 60(b) motion in district court. He argued that the government violated Brady v. Maryland by failing to disclose a rental car receipt and information regarding a drug-sniffing dog's health condition. The district court determined that Smith's Rule 60(b) motion was actually a second or successive § 2255 petition challenging his conviction, which required prior appellate authorization. Because Smith had not obtained that authorization, the district court dismissed the motion for lack of jurisdiction. Smith subsequently filed motions for the appointment of counsel to assist with appeals of these dismissed motions, which the district court denied as moot.
The Tenth Circuit reviewed the denial of Smith's motions for appointment of counsel for an abuse of discretion. The court found no abuse of discretion in the district court's decision. The core legal issue was the jurisdictional barrier to successive habeas petitions. Under 28 U.S.C. § 2255, a prisoner must obtain authorization from the court of appeals before filing a second or successive motion. The district court correctly characterized Smith's Rule 60(b) motions as successive § 2255 petitions because they sought to challenge the validity of his underlying conviction and sentence. Since Smith lacked the required authorization, the district court had no jurisdiction to entertain the motions. Consequently, the district court's denial of counsel was proper because appointing counsel to pursue jurisdictionally barred claims would not serve the interests of justice.
This decision reinforces the strict jurisdictional requirements for successive § 2255 motions. Prisoners attempting to use Rule 60(b) to bypass the gatekeeping requirements for successive habeas petitions will likely face dismissal for lack of jurisdiction. Furthermore, requests for appointed counsel to assist with such jurisdictionally defective motions will be denied as moot, as there is no valid legal claim for counsel to pursue.
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