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: https://ecf.ca8.uscourts.gov/opndir/21/04/193632P.pdf