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United States v. Gatluak

United States District Court, D. Nebraska

June 30, 2015

UNITED STATES OF AMERICA, Plaintiff,
v.
JAMES KIM GATLUAK, Defendant.

ORDER

JOHN M. GERRARD, District Judge.

This matter is before the Court on the defendant's request for a transcript of the sentencing proceedings in his case (filing 56). The defendant asks the Court to provide him with a transcript of his sentencing proceedings, or, in the alternative, to inform him of the cost of preparing such a transcript.

Pursuant to 28 U.S.C. § 753(f), fees for transcripts shall be paid for by the United States for persons allowed to appeal in forma pauperis. Additionally, fees for transcripts furnished in proceedings brought under 28 U.S.C. § 2255 shall be paid for by the United States if the defendant is permitted to proceed in forma pauperis, and if the trial judge or a circuit judge certifies that: (1) the suit or appeal is not frivolous, and (2) that the transcript is needed to decide the issue presented. 28 U.S.C. § 753(f).

The defendant represents that he is indigent, and based on the Court's records, it appears the defendant would be allowed to proceed in forma pauperis. However, judgment in this case was entered on April 14, 2015, and so, pursuant to Federal Rule of Appellate Procedure 4(b), the time to appeal has elapsed. If defendant is considering a § 2255 motion, he has not notified the Court of its basis, and so the Court cannot determine if the motion is frivolous and whether a transcript is needed. Therefore, at this time, defendant is only entitled to a transcript of his sentencing proceedings if he submits the required payment.

Because the defendant has not appealed his sentence or conviction, the audio recording of defendant's sentencing hearing has not yet been transcribed. The estimated cost to prepare a written transcript of that hearing is $80.30. Alternatively, a copy of the audio recording may be sent to the defendant on a CD for $30.00. If the defendant wishes to purchase either of these, he should fill out Part A of the attached "Request for Transcript" form, and then send that form to the Clerk's Office along with the appropriate payment. Should the cost of the transcript exceed the amounts estimated above, the defendant will be required to pay the difference. Likewise, should the cost of the transcript be less than $80.30, a refund check will be issued.

IT IS ORDERED:

1. The defendant's motion for copies (filing 56) is denied at this time.
2. The Clerk's Office is directed to mail a copy of this order, along with the attached Request for Transcript form, to the defendant, at his address of record.

Complete EITHER Part A or Part B

-------------------- PART A --------------------

TO COURT REPORTER: _________ Prepare a transcript.[1]

TO CLERK: ________ Burn an audio CD of a digitally-recorded hearing before Judge Gerrard, Judge Kopf, Judge Urbom, or a magistrate judge, if available.[2]

Please prepare a transcript of the proceedings ...


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