# Allen Brown v. United States

> Court of Appeals for the Fifth Circuit · February 25, 1971 · 438 F.2d 1385

URL: https://www.frixlaw.com/law-library/cases/295164

## Case

- **Full name:** Allen BROWN, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** February 25, 1971
- **Citations:** 438 F.2d 1385; 1971 U.S. App. LEXIS 11663
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Brown, Ingraham, John, Per Curiam, Roney
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/295164

## Opinion text

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 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/295164. Public record. Not legal advice.