Opinion
No. 2:14-cr-00269-GEB
07-01-2015
UNITED STATES OF AMERICA, Plaintiff, v. BRENT DOUGLAS COLE, Defendant.
ORDER DENYING DEFEDNANT'S TRANSCRIPT REQUEST
On June 15, 2015, pro se Defendant filed a "Notice of Appeal with Request for Transcript," in which he states he is appealing the February 2, 2015 "Order Re Defendant's January 30, 2015 Pro Se Filing," (ECF No. 49), "the [Court's] ruling . . . in the January 30, 2015 in camera hearing, and the verdict rendered February 11, 2015." (Def.'s Notice of Appeal, ECF No. 100.) Defendant requests in this notice "a transcript of the Jan[uary] 30, 2015 hearing." (Id.)
The February 2, 2015 Order concerned Defendant's then request to represent himself with assistance of counsel. --------
Defendant has not shown that he can appeal these matters before he has been sentenced. "As a general rule, [the Ninth Circuit] 'ha[s] jurisdiction of appeals from . . . final decisions of the district courts.'" United States v. Godinez-Ortiz, 563 F.3d 1022, 1026 (9th Cir. 2009) (quoting 28 U.S.C. § 1291). "In criminal cases, this rule ordinarily 'prohibits appellate review until conviction and imposition of a sentence.'" Id. (quoting Flanagan v. United States, 465 U.S. 259, 263 (1984) (brackets omitted)); see also United States v. Beltran Valdez, 663 F.3d 1056, 1058-59 (9th Cir. 2011) (indicating "collateral order doctrine," which permits interlocutory appeal of certain decisions, does not apply to the "review of asserted Sixth Amendment deprivations such as denial of a right to represent oneself"). Therefore, to the extent Defendant's transcript request is made for the purpose of appeal, Defendant has not shown it is timely.
Further, to the extent the request is made for another reason, that reason has not been stated with sufficient specificity. For example, Defendant has not shown that the requested transcript is necessary to assist him with the upcoming sentencing hearing.
For the stated reasons, Defendant's transcript request is DENIED. Dated: July 1, 2015
/s/_________
GARLAND E. BURRELL, JR.
Senior United States District Judge