UNITED STATES DISTRICT COURT

DISTRICT OF NEW HAMPSHIRE

United States of America

v. Criminal No. 05-cr-57-01-SM

Gordon Reid

O R D E R

Defendant suggested that he was impeded in filing postconviction motions and preparing for sentencing because he was

allowed inadequate access to legal materials while incarcerated

(documents 556 and 563). The initial motion was denied, and, in

response to defendant’s motion to reconsider (document no. 563),

the court directed the government to detail the precise

difficulties experienced by the institution in providing

defendant with access to his legal materials, and to describe the

nature and extent of defendant’s access to a law library, legal

materials, and/or legal assistance.

The government has responded in detail and it is apparent

that the access provided defendant is more than sufficient to

permit him to pursue those legal claims he is constitutionally

entitled to pursue. Defendant has full access to his own

voluminous legal materials in both hard copy and electronic form,

he has access to a law library for extended periods every weekday

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(and he is taking advantage of that access). And, defendant has

stand-by counsel available. Except for limitations arising from

defendant’s own misconduct and concomitant discipline imposed for

violations of institutional rules, defendant has sufficient

access to the tools necessary to challenge his conviction and

sentence directly or collaterally, to file habeas petitions, or

to challenge the conditions of his confinement.

The record does not demonstrate that any alleged

shortcomings in the prison’s administration is currently

depriving defendant of his right of access to the courts, or is

substantially impeding his ability to prepare or pursue legal

claims related to his conviction or sentence. See Lewis v.

Casey, 518 U.S. 343 (1996); Simmons v. Dickhaut, 804 F.2d 182

(1st Cir. 1986). Accordingly, the motion to reconsider (document

no. 563) is denied.

Defendant has filed a motion for leave to reply to the

government’s representations because he disputes “some” of the

assertions made by the government. Defendant may file a reply,

but as a motion to reconsider this denial of his motion to

reconsider.

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The court previously allowed an extension of time to file

motions and objections until his motions regarding access to

legal materials were resolved. That extension terminates with

this order, as the matter is now resolved. Should defendant file

a motion to reconsider with respect to access to a law library,

he should assert specific facts demonstrating that his

constitutional right of access to the courts is being violated,

in which case the issue will be addressed as necessary at the

sentencing hearing. The sentencing hearing is continued until

June 4, 2007, to allow defendant additional time to prepare.

Defendant previously suggested an intent to file post-trial

motions and motions to reconsider (document no. 546). He has

also filed a motion seeking an extension of time to respond to

the Pre-Sentence Investigation Report (document no. 564), which

motion is granted, in part.

Defendant shall file post-verdict motions(e.g., for new

trial under Fed. R. Cr. P. 33) or motions to reconsider, or other

pertinent motions, and shall file any objections he has to the

Pre-Sentence Investigation Report and/or motions for departures

or non-guidelines sentencing, on or before May 22, 2007.

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Conclusion

Defendant’s motion to extend time (document no. 555) and

motion to extend time to object to Pre-Sentence Investigation

Report (document no. 564) are granted in part and denied in part. 

Defendant shall file post-verdict motions, motions to reconsider,

objections to the Pre-Sentence Investigation Report, and motions

for sentencing departures or for a non-guideline sentence, on or

before May 22, 2007. Defendant’s motion for leave to reply to

the government’s response regarding his current access to legal

materials and law library (document no. 567) is granted in part. 

Defendant may file a motion to reconsider the denial of his

motion to reconsider the denial of his motion for miscellaneous

relief. Defendant’s motion to reconsider order on motion for

miscellaneous relief (document no. 563) is denied.

The sentencing hearing currently scheduled for May 14, 2007,

is continued until June 4, 2007, to permit defendant additional

time to prepare and file motions and sentencing objections, as

desired, but they must be filed on or before May 22, 2007.

SO ORDERED.

____________________________

Steven J. McAuliffe

Chief Judge

May 9, 2007

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cc: Donald A. Feith, Esq.

Robert M. Kinsella, Esq.

Michael J. Iacopino, Esq.

Gordon Reid, pro se

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