Free Order - District Court of Arizona - Arizona

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

United States of America,

) ) Plaintiff, ) ) v. ) ) ) Rafael Cruz-Ayon, ) ) Defendant. _________________________________ )

No. CR 03-1096-PHX-SMM CV 05-2576-PHX-SMM (BPV) ORDER

In the present case, the Court has scheduled an evidentiary hearing to take place on one issue. See Dkt. 60. Pursuant to Rule 8(c) of the Rules Governing Section 2255 Proceedings, "[i]f an evidentiary hearing is required, the judge shall appoint counsel for [an indigent] movant." Rule 8(c) of the Rules Governing Section 2255 Proceedings, 28 U.S.C. foll. §2255; see also United States v. Duarte-Higareda, 68 F.3d 369 (9th Cir. 1995) (Rule 8(c) makes the appointment of counsel mandatory when evidentiary hearings are required). Defendant was represented by retained counsel during pretrial proceedings and at the time his guilty plea was entered. However, if Defendant is indigent at the time of the evidentiary hearing, this Court must appoint counsel to represent him at the evidentiary hearing. Id. In order for the Court to determine whether counsel should be appointed for Defendant, IT IS HEREBY ORDERED that Defendant complete the Financial Affidavit (CJA Form 23) attached to this Order and return it to this Court no later than November 27, 2006.

Case 2:03-cr-01096-SMM

Document 61

Filed 11/03/2006

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IT IS FURTHER ORDERED that, due to a conflict in the Court's schedule, the evidentiary hearing originally scheduled to take place on January 11, 2007 at 9:00 a.m., shall take place instead on January 16, 2007 at 9:00 a.m. DATED this 1st day of November, 2006.

-2Case 2:03-cr-01096-SMM Document 61 Filed 11/03/2006 Page 2 of 3

Case 2:03-cr-01096-SMM

Document 61

Filed 11/03/2006

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