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8th Circuit decides N.D. case Thursday, April 22, 2021

The United States Court of Appeals for the Eighth Circuit has affirmed a judgment in a North Dakota drug case.

The court ruled that a petition for rehearing under FRAP 40 is a discretionary appeal, and there is no right to counsel for discretionary appeals; the CJA Act, the 8th Circuit's CJA plan and Fed. R. Crim. P. 44(a) do not create a constitutional right to effective assistance of counsel for petitions for rehearing; the district court properly denied the Section 2255 motion alleging counsel's failure to file a petition for rehearing denied Ahumada the right to counsel.

Read the court's opinion at: