UNITED STATES v. JETER (2021)

United States Court of Appeals, Fourth Circuit.

UNITED STATES of America, Plaintiff - Appellee, v. Avery Demond JETER, Defendant - Appellant.

No. 20-7701

Decided: March 29, 2021

Before THACKER, QUATTLEBAUM, and RUSHING, Circuit Judges.

Avery Demond Jeter, Appellant Pro Se.

Avery Demond Jeter appeals the district court's order denying his motion for appointment of counsel to determine whether he was entitled to postconviction relief pursuant to United States v. Lockhart, 947 F.3d 187 (4th Cir. 2020), and United States v. Gary, 954 F.3d 194 (4th Cir. 2020), cert. granted, ––– U.S. ––––, 141 S.Ct. 974, 208 L.Ed.2d 510 (2021). Because Jeter had not filed a postconviction motion in the district court, there was no pending action in which to appoint counsel to represent Jeter. Accordingly, we affirm. United States v. Jeter, No. 7:07-cr-00695-BHH-1 (D.S.C. Oct. 20, 2020). We deny Jeter's motion for appointment of counsel and 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

PER CURIAM:

Affirmed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.

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