PLAN
         
                           UNITED STATES COURT OF APPEALS
                                   EIGHTH CIRCUIT
         
                         AMENDMENT TO PART V OF THE PLAN
                            TO IMPLEMENT THE CRIMINAL
                               JUSTICE ACT OF 1964
         
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                             Adopted December 6, 1994
         
                   V.  Duty of Counsel as to Certiorari.
         
                   The representation of counsel on appeal, where the
              appeal has been unsuccessful, shall extend to advising
              the defendant of the right to file a petition for a writ
              of certiorari in the Supreme Court of the United States,
              and to informing the defendant of counsel's opinion as to
              the merit and likelihood of the success thereof.  If the
              defendant so requests, and if counsel determines that
              there is a reasonable likelihood that a petition for a
              writ of certiorari will be granted (applying the
              standards set forth in Rule 10 of the rules of the
              Supreme Court of the United States), representation shall
              also extend to the preparing and filing of such a
              petition.
         
                   If counsel declines to file a petition for a writ of
              certiorari requested by the defendant based upon
              counsel's determination that there is not reasonable
              likelihood it will be granted, counsel shall so inform
              the Court and shall file a written motion to withdraw,
              accompanied by counsel's certification that a copy of the
              motion was furnished to the defendant.  If the motion to
              withdraw is granted, counsel shall promptly advise the
              defendant of the procedures for filing a petition for a
              writ of certiorari pro se, following which counsel's
              representation of the defendant shall terminate.