UNITED STATES of America, Plaintiff-Appellee, v. Sergio DUARTE-HIGAREDA, Defendant-Appellant

ORDER

Rule 8(c) of the Rules Governing Section 2255 Proceedings in the United States District Courts states that “[i]f an evidentiary hearing is required, the judge shall appoint counsel for [an indigent] movant....” Rule 8(c) of the Rules Governing Section 2255 Proceedings, 28 U.S.C. foil. § 2255 (emphasis added). All of the circuits that have discussed the issue agree that the rule makes the appointment of counsel mandatory when evidentiary hearings are required. See United States v. Vasquez, 7 F.3d 81, 84 (5th Cir.1993) (indigent movant entitled to appointed counsel for evidentiary hearing on section 2255 motion); Rauter v. United States, 871 F.2d 693, 695 (7th Cir.1989) (same). In addition, this court has held that the equivalent Rule Governing Section 2254 Cases in the United States District Courts, Rule 8(c), makes the appointment of counsel mandatory when evidentiary hearings are required. See Bashor v. Risley, 730 F.2d 1228, 1234 (9th Cir.), cert. denied, 469 U.S. 838 , 105 S.Ct. 137 , 83 L.Ed.2d 77 (1984).

The district court ordered an evidentiary hearing here on appellant’s section 2255 motion, but did not appoint counsel for appellant. Appellant was indigent at the…