UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-7713
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
LOUIS VINCENT BROWN,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. Patrick Michael Duffy, Senior
District Judge. (2:07-cr-00422-PMD-1; 2:10-cv-70163-PMD)
Submitted: December 13, 2012 Decided: December 19, 2012
Before MOTZ, WYNN, and FLOYD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Louis Vincent Brown, Appellant Pro Se. Alston Calhoun Badger,
Jr., Assistant United States Attorney, Charleston, South
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Louis Vincent Brown appeals the district court’s order
denying his motion requesting that counsel be appointed to him
for the purpose of examining whether this court’s decision in
United States v. Simmons, 649 F.3d 237, 243–45 (4th Cir. 2011)
(en banc), directs that one of his prior state convictions no
longer qualifies as a felony and therefore entitles him to a
reduction of sentence.
We have reviewed the record and find no reversible
error. Indeed, as we have recently explained, our holding in
Simmons is not retroactively applicable to cases on collateral
review. United States v. Powell, 691 F.3d 554, 559-60 (4th Cir.
2012). Nor, in any event, does a habeas petitioner have any
constitutional right to be represented by counsel in his
collateral attack. Rouse v. Lee, 339 F.3d 238, 250 (4th Cir.
2003).
Accordingly, we affirm the judgment of the district
court. We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials
before this court and argument would not aid the decisional
process.
AFFIRMED
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