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193632P.pdf   04/22/2021  Charles Ahumada  v.  United States
   U.S. Court of Appeals Case No:  19-3632
   U.S. District Court for the District of North Dakota - Bismarck   
   [PUBLISHED] [Benton, Author, with Colloton and Kelly, Circuit Judges] 
   Prisoner case - Habeas. A petition for rehearing under FRAP 40 is a 
   discretionary appeal, and there is no right to counsel for discretionary 
   appeals; the CJA Act, the 8th Circuit's CJA plan and Fed. R. Crim. P. 
   44(a) do not create a constitutional right to effective assistance of 
   counsel for petitions for rehearing; the district court properly denied 
   the Section 2255 motion alleging counsel's failure to file a petition for 
   rehearing denied Ahumada the right to counsel.