Opinion

Allen Brown v. United States

  • 438 F.2d 1385
  • 1971 U.S. App. LEXIS 11663
Court
Court of Appeals for the Fifth Circuit
Filed
Feb 25, 1971
Status
Published
On the bench
Brown, Ingraham, John, Per Curiam, Roney
Cited by
1 cases
Authority
More cited than 74.0%

The opinion

PER CURIAM:

Allen Brown was convicted by a jury of a Dyer Act offense

1

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.

1

. 18 U.S.C. § 2312 .

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.