DISTRICT COURT OF THE VIRGIN ISLANDS 
DIVISION OF ST. THOMAS AND ST. JOHN 
UNITED STATES, 
Plaintiff, 
v. 
JAMAL HAYNES, 
Defendant. 
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Case No. 3:17-cr-0019 
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UNITED STATES, 
Plaintiff, 
v. 
JAMAL HAYNES, 
Defendant. 
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Case No. 3:17-cr-0042 
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ORDER 
 
BEFORE THE COURT is the motion of Jamal Haynes (“Haynes”) for appointment of 
counsel. (Case Number 3:17-cr-0019, ECF No. 433.) For the reasons stated below, the Court 
will appoint counsel upon the filing by Haynes of financial information that demonstrates his 
indigence. 
 
On October 30, 2017, in Case Number 3:17-cr-0019, Haynes pled guilty to conspiracy 
to possess with intent to distribute cocaine for his involvement in a drug trafficking 
organization. On the same day, in Case Number 3:17-cr-0042, Haynes also pled guilty to 
conspiracy to possess with intent to distribute cocaine for his involvement in a second, 
separate drug trafficking organization. Thereafter, on April 5, 2018, Haynes was sentenced 
to a term of imprisonment of 135 months in Case Number 3:17-cr-0019 and a term of 
imprisonment of 78 months in Case Number 3:17-cr-0042, such terms to be served 
concurrently. 
 
On June 16, 2020, Haynes filed a motion for compassionate release. See Case Number 
3:17-cr-0019, ECF No. 420; Case Number 3:17-cr-0042, ECF No. 9. In his motion, Haynes 
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United States v. Haynes 
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asserts that he suffers from obesity, diabetes, hypertension, and chronic kidney disease. Id. 
at 2. Haynes argues that, if he were to contract COVID-19, he is at an increased risk of severe 
illness due to his medical conditions. Haynes argues that this increased risk presents an 
extraordinary and compelling reason to warrant relief under 18 U.S.C. § 3582(c)(1)(A). 
 
On July 10, 2020, the Court entered an order holding Haynes’ motion for 
compassionate release in abeyance pending supplementation of the record. See Case Number 
3:17-cr-0019, ECF No. 422; Case Number 3:17-cr-0042, ECF No. 12. The Court also notified 
Haynes that, should he demonstrate his indigence, the Court may appoint counsel to 
represent him in this matter. 
 
On July 24, 2020, Haynes filed a motion requesting that the Court appoint his former 
counsel, Attorney Pamela Colon, to represent him in this matter. See Case Number 3:17-
cr-0019, ECF No. 433. In that motion, Attorney Colon reports that Haynes “has advised that 
he does not have any funds to pay attorneys’ fees and expenses, including, if needed, for any 
expert witnesses.” Id. at 2. 
 
The Court must consider several factors in determining whether or not to appoint 
counsel. See Tabron v. Grace, 6 F.3d 147, 155-57 (3d Cir. 1993) (outlining a non-exhaustive 
list of factors a court should consider when exercising its discretion to appoint counsel); cf. 
United States v. Gibbs, 787 F. App'x 71, 72 (3d Cir. 2019) (applying Tabron to a motion for 
appointment of counsel in the context of a request for relief under the First Step Act). As the 
Court recognized in its July 10, 2020 Order, Haynes’ motion for compassionate release has 
arguable merit in fact and law. See Tabron, 6 F.3d at 155 (explaining that “the district court 
must consider as a threshold matter the merits of the plaintiff's claim”). Additionally, Haynes 
is restricted in his ability to present his claim for compassionate release due to his 
imprisonment. See Id. at 156 (explaining that, “if the plaintiff is a prisoner, the restraints 
placed upon him or her by confinement” is a factor to consider when determining the 
defendant’s ability to present his case). Further, as the Court also recognized in its July 10, 
2020 Order, Haynes’ motion for compassionate release may require detailed investigation of 
the facts of his medical conditions and their interaction with COVID-19. See Id. (explaining 
that “[o]ther key factors are the degree to which factual investigation will be required and 
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the ability of the indigent plaintiff to pursue such investigation”). Moreover, the Criminal 
Justice Act provides that, “[i]f at any stage of the [criminal] proceedings, . . . the court finds 
that the person is financially unable to pay counsel whom he had retained, it may appoint 
counsel as provided in subsection (b) and authorize payment as provided in subsection (d), 
as the interests of justice may dictate.” 18 U.S.C.A. § 3006A(c). Significantly, any stage of the 
proceedings “include[es] ancillary matters appropriate to the proceedings.” Id. 
 
Given these circumstances, the Court is inclined to grant Haynes’ request to appoint 
counsel. However, Haynes has not demonstrated his indigence. As such, the Court will 
appoint Attorney Colon to represent Haynes upon the submission of financial information 
demonstrating Haynes’ indigence. Haynes may do this by filing a CJA 23 form Financial 
Affidavit and a certified copy (i.e., signed by the appropriate institutional officer) of his 
inmate trust account for the six-month period immediately preceding the filing of his § 3582 
motion. 
The premises considered, it is hereby 
ORDERED that, if Haynes seeks to proceed as an indigent, he shall file a CJA 23 form 
Financial Affidavit and a certified copy (i.e., signed by the appropriate institutional officer) 
of his inmate trust account for the six-month period immediately preceding the filing of his 
§ 3582 motion. 
 
 
 Dated: July 24, 2020 
 
 
 
 
/s/ Robert A. Molloy 
 
 
 
 
  
 
 
ROBERT A. MOLLOY 
 
District Judge 
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