Opinion
1:18-cr-00146-MR-WCM
09-26-2022
UNITED STATES OF AMERICA, Plaintiff, v. TANNER MOREN EAGLE LARCH, Defendant.
ORDER
MARTIN REIDINGER, CHIEF UNITED STATES DISTRICT JUDGE
THIS MATTER is before the Court on the Defendant's letter, which the Court construes as a motion requesting the production of the docket sheet and his trial transcripts at the Government's expense. [Doc. 132].
The Defendant was found guilty by a jury of two counts of possession of firearms and ammunition after having been convicted of a felony, in violation of 18 U.S.C. § 922(g)(1). The Defendant was sentenced to a term of 92 months' imprisonment, to run consecutively to his revocation sentence. [Doc. 106]. The Court of Appeals affirmed his conviction and sentence. [Doc. 192].
The Defendant now requests copies of his trial transcripts. [Doc. 132 at 1]. The Defendant has failed to demonstrate a particularized need for the requested transcript. See United States v. MacCollom, 426 U.S. 317, 326- 27 (1976) (holding that federal inmates are not entitled to transcripts at Government expense absent some showing of a particularized need); Jones v. Superintendent, Va. State Farm, 460 F.2d 150, 152 (4th Cir. 1972) (“[A]n indigent is not entitled to a transcript at government expense without a showing of the need, merely to comb the record in the hope of discovering some flaw.”) (citation omitted). Having failed to demonstrate a particularized need for the requested transcripts, the Defendant's motion must be denied. The Court will, however, direct the Clerk to provide the Defendant with a copy of the docket sheet.
IT IS, THEREFORE, ORDERED that the Defendant's letter [Doc. 1324], which the Court construes as a motion for the production of the docket sheet and the trial transcripts at the Government's expense, is GRANTED IN PART and DENIED IN PART. Specifically, the Defendant's request for a copy of the trial transcripts at the Government's expense is DENIED. The Defendant's request for a copy of the docket sheet is GRANTED. The Clerk of Court shall provide a copy of the Defendant's docket sheet along with this Signed: September 25, 2022
IT IS SO ORDERED.