Second Circuit holds there is no right to counsel on an appeal from a compassionate release motion, but an appeal is not frivolous unless it “lacks an arguable basis in law or fact.”
In United States v. Fleming, No. 20-1776 (2d Cir. July 14) an appeal from a denial of compassionate release, the Second Circuit granted a motion to be relieved filed by counsel , but denied the government’s motion for summary affirmance on the ground that the appeal was not frivolous. The motion was an Anders motion … Read more