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WEEKS v. JONES

No. 95-6676, Non-Argument Calendar.

100 F.3d 124 (1996)

Varnall WEEKS, Petitioner-Appellant, v. Ronald E. JONES, Commissioner of Corrections, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

November 22, 1996.

Attorney(s) appearing for the Case

James McMillin, New York City, Barry J. Fisher, Capital Defender Office, Atlanta, GA, for petitioner-appellant.

Jeff Sessions, Attorney General, J. Clayton Crenshaw, Montgomery, AL, for respondent-appellee.

Before HATCHETT, Chief Judge, and TJOFLAT and BIRCH, Circuit Judges.

PER CURIAM:

This appeal presents the first-impression issue for our circuit of whether the right to appointment of counsel in capital habeas corpus cases under 21 U.S.C. § 848(q)(4)(B) depends on the ultimate merits of a death-sentenced prisoner's habeas claims. After appointing counsel, the district judge sua sponte found that the federal habeas petition was frivolous, set aside the appointment order under Federal Rule of Civil Procedure 60(a), and thereby...

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