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United States v. Austin

October 24, 2007

UNITED STATES OF AMERICA, PLAINTIFF,
v.
CASEY LAMAR AUSTIN DEFENDANT.



The opinion of the court was delivered by: H. Bruce Guyton United States Magistrate Judge

(PHILLIPS/GUYTON)

MEMORANDUM AND ORDER

This case is before the undersigned pursuant to 28 U.S.C. § 636(b), the Rules of this Court, and by Order [Doc. 33] of the Honorable Thomas W. Phillips, United States District Judge, for disposition of defendant Casey Lamar Austin's Motion for Sentencing Minutes [Doc. 32].

The defendant has filed a motion requesting his sentencing be transcribed and provided to him at no cost to assist him in preparation of a motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. § 2255. Because the defendant does not have a § 2255 motion pending, he is not entitled to a free transcript of his proceedings. See, e.g., United States v. Connors, 904 F.2d 535 (9th Cir. 1990); United States v. Lewis, 605 F.2d 379, 380 (8th Cir. 1979); United States v. Losing, 584 F.2d 289, 291 (8th Cir. 1978). See also Sistrunk v. United States, 992 F.2d 258 (10th Cir. 1993).

Accordingly, defendant's motion for a transcript of his sentencing proceeding [Doc. 32] is DENIED.

IT IS SO ORDERED.

20071024

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