United States v. Ramzi Ahmed Yousef
Docket: 04-0381-
Court: Court of Appeals for the Second Circuit; January 12, 2005; Federal Appellate Court
Ramzi Ahmed Yousef, the petitioner-appellant, sought to appeal the denial of his request for counsel under the Criminal Justice Act (CJA) in a habeas corpus proceeding. The United States Court of Appeals for the Second Circuit dismissed the appeal due to lack of jurisdiction, as the District Court's order was not a final judgment nor an appealable interlocutory order. The District Court had stated that there is no constitutional right to counsel in such proceedings, and CJA requires appointment only if the interests of justice necessitate it. Yousef's attorney, Bernard V. Kleinman, filed a CJA voucher for $12,533.77 in fees related to the appeal. However, since the District Court had denied Kleinman’s request for appointment as CJA counsel for the habeas petition and the appellate court lacked jurisdiction to review this matter, Kleinman's claim for compensation could not be addressed. Kleinman later requested reconsideration of the voucher denial, which the appellate court treated as a motion for rehearing. Ultimately, the court affirmed its lack of jurisdiction, inviting Kleinman to seek resolution from the District Court, which has the authority to make retroactive CJA appointments. The motion for rehearing was denied, and the case was remanded to the District Court for further consideration. The court noted Kleinman's diligent representation of Yousef but did not assess the merits of any potential application he might make under the CJA.