IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
__________________
No. 95-40079
Summary Calendar
__________________
JUAN GARCIA MARTINEZ,
Petitioner-Appellant,
versus
WAYNE SCOTT, Director, Texas
Department of Criminal Justice,
Institutional Division,
Respondent-Appellee.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. CA-B-91-194
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February 9, 1996
Before JOLLY, JONES and STEWART, Circuit Judges.
PER CURIAM:*
Juan Garcia Martinez moves this Court for a certificate of
probable cause (CPC).
Martinez argues that he should have been appointed counsel
for the evidentiary hearing conducted by the district court to
determine whether his trial counsel failed to file a timely
notice of appeal.
Appointment of counsel is mandatory if a district court
determines that an evidentiary hearing is required and a
petitioner qualifies for appointment under 18 U.S.C. § 3006A.
*
Pursuant to Local Rule 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in Local Rule
47.5.4.
No. 95-40079
-2-
Lamb v. Estelle, 667 F.2d 492, 496-97 (5th Cir. 1982). As the
district court had already adjudged him a pauper, Martinez was
qualified under § 3006A(g). Therefore, the district court should
have appointed counsel for Martinez. See Bell v. Watkins, 692
F.2d 999, 1014 (5th Cir. 1982), cert. denied, 464 U.S. 843
(1983).
Martinez's motion for CPC is GRANTED. The judgment of the
district court is VACATED and the case REMANDED for the district
court to conduct an evidentiary hearing with Martinez represented
by counsel.