Opinion
CAUSE NO. 3:16-CR-18-CWR-LGI-2
03-25-2021
UNITED STATES OF AMERICA PLAINTIFF v. DEMARIO C. WEBSTER DEFENDANT
ORDER
Before the Court is Defendant Demario C. Webster's motion requesting a copy of his sentencing hearing transcript held on December 20, 2016. Docket No. 63. For the reasons stated below, the motion is denied.
Generally, "[a] federal prisoner is not entitled to obtain copies of court records at Government expense for the purpose of searching the record for possible error." Walker v. United States, 424 F.2d 278, 279 (5th Cir. 1970). Instead, the production of transcripts at the government's expense to indigent petitioners seeking post-conviction relief is governed by federal statute. See 28 U.S.C. § 753(f). Under § 753(f), free transcripts are available only if the judge "certifies that the asserted claim is not frivolous and that the transcript is needed to decide the issue." Id. This requires the movant to make the court aware of "any facts that might require a close examination of the trial transcript." United States v. Davis, 369 F. App'x 546, 546-47 (5th Cir. 2010) (quoting Harvey v. Andrist, 754 F.2d 569, 571 (5th Cir. 1985)). In addition, the movant must also show why the transcripts are necessary for the proper disposition of his appeal. Norton v. Dimazana, 122 F.3d 286, 293 (5th Cir. 1997) (citing Harvey, 754 F.2d at 571).
Here, Webster seeks a copy of his sentencing hearing transcript at the government's expense. Thus, Webster must satisfy the requirements of § 753(f); however, in his present letter, he identifies no particular need for his transcript, nor does he identify a substantial question relevant to appeal.
Because Webster has not satisfied his burden for obtaining a transcript at government expense, the motion is denied.
SO ORDERED, this the 25th day of March, 2021.
s/ Carlton W. Reeves
UNITED STATES DISTRICT JUDGE