United States v. Trent Brewer

Case: 17-41173 Document: 00514494283 Page: 1 Date Filed: 05/31/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 17-41173
Fifth Circuit
FILED
May 31, 2018
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff−Appellee,
versus
TRENT BREWER,
Defendant−Appellant.
Appeals from the United States District Court
for the Eastern District of Texas
No. 4:07-CR-246-12
Before SMITH, HAYNES, and WILLETT, Circuit Judges.
PER CURIAM: *
Trent Brewer, federal prisoner #24313-077, who pleaded guilty of
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in
5TH CIR. R. 47.5.4.
Case: 17-41173 Document: 00514494283 Page: 2 Date Filed: 05/31/2018
No. 17-41173
conspiracy to possess with intent to distribute cocaine, moves for the appoint-
ment of counsel. He purports to have filed a second direct appeal seeking to
challenge his career-offender sentencing enhancement.
An indigent defendant in a felony case must be provided counsel on direct
appeal as of right. United States v. Palomo, 80 F.3d 138, 141 (5th Cir. 1996);
18 U.S.C. § 3006A(a)(1)(A), (c). Brewer, however, already has filed a direct
appeal of his conviction and initial sentence. See United States v. Brewer, 344
F. App’x 947 (5th Cir. 2009). A defendant “is not entitled to two appeals,” and
a second appeal from the same conviction is “not properly before this Court.”
United States v. Arlt, 567 F.2d 1295, 1296−97 (5th Cir. 1978); accord United
States v. Rodriguez, 821 F.3d 632, 633 (5th Cir. 2016). A defendant is entitled
to the appointment of counsel only for his first direct appeal. See Pennsylvania
v. Finley, 481 U.S. 551, 555 (1987).
The motion is DENIED. Because the second appeal is not properly before
this court, it is DISMISSED as frivolous. See 5TH CIR. R. 42.2.
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