ALLEN BROWN, PETITIONER-APPELLANT,
v.
UNITED STATES OF AMERICA, RESPONDENT-APPELLEE
ALLEN BROWN, PETITIONER-APPELLANT,
UNITED STATES OF AMERICA, RESPONDENT-APPELLEE
438 F.2d 1385
Court of Appeals for the Fifth Circuit (1971)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM:
Allen Brown was convicted by a jury of a Dyer Act offense1 on October 22, 1969. This Court affirmed the judgment of conviction upon Brown’s %irect appeal, United States v. Brown, 425 F. 2d 728 (5th Cir. 1970). One month after our affirmance he filed a motion in the district court seeking a copy of his trial transcript for use in a future collateral attack on his conviction. That court denied the motion without an evidentiary hearing. We affirm.
Brown had no petition for a post conviction remedy pending at the time of his motion and his motion failed to set forth any grounds of attack on his sentence. Under these circumstances, Brown is not entitled to a transcript at Government expense. Walker v. United States, 424 F. 2d 278 (5th Cir. 1970).
Affirmed.
. 18 U.S.C. § 2312.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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United States v. Cuya, 964 F.3d 969 (11th Cir. 2020)…nder controlling caselaw, the answer is clear: A prisoner is not entitled to file a motion for discovery -- of transcripts, indictments, search warrants, or other records -- before filing a § 2255 motion to vacate. [fn 2] See Brown v. United States, 438 F.2d 1385, 1385 (5th Cir. 1971) (affirming the denial of a motion seeking a copy of a trial transcript for use in a future collateral attack on a conviction where “Brown had no petition for a post conviction remedy pending at the time of his motion and his mo…
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Cowan v. United States, 445 F.2d 855 (5th Cir. 1971)
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United States v. Herrera, 474 F.2d 1049 (5th Cir. 1973)
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- Walker v. United States, 424 F.2d 278 (5th Cir. 1970)
- United States v. Brown, 425 F.2d 728 (5th Cir. 1970)