Opinion
CASE NO. 8:07-cr-99-T-23TBM.
December 28, 2010
ORDER
After pleading guilty to counts one and two of the indictment, Govea-Zaragoza was sentenced to two concurrent terms of two hundred thirty-five months' imprisonment. The judgment (Doc. 251) was entered September 14, 2007. Govea-Zaragoza's Section 2255 motion (Doc. 328) was dismissed as premature on October 31, 2007 (Doc. 336). The Eleventh Circuit's mandate (Doc. 484) affirming Govea-Zaragoza's sentence issued March 10, 2009.
Govea-Zaragoza moves (Doc. 507) for an order directing former defense counsel to "surrender to the Petitioner the defense file maintained by him with regard to the above-referenced criminal action" so that Govea-Zaragoza "may assess the feasibility of presenting a collateral attach upon the conviction and/or sentence." United States v. Warmus, 151 Fed. Appx. 783, 787 (11th Cir. 2005), states:
When a prisoner has not filed a motion to vacate his sentence, however, the "prisoner is not entitled to obtain copies of court records at the government's expense to search for possible defects merely because he is indigent." United States v. Herrera, 474 F.2d 1049, 1049 (5th Cir. 1973); Skinner v. United States, 434 F.2d 1036, 137 (5th Cir. 1970). These cases dealt only with documents in the possession of the court, and Warmus seeks documents from the government and his attorney. Nevertheless, the cases are analogous to Warmus's case because Warmus does not point to a specific legal filing for which he needs the documents and, thus, it appears that he is attempting to "search for possible defects" at government expense. See Herrera, 474 F.2d at 1049.See also United States v. Lewis, 37 F.3d 1510 (table), 1994 WL 563442 (10th Cir. 1994); Walker v. United States, 424 F.2d 278 (5th Cir. 1970); United States v. MacCollom, 426 U.S. 317, 96 S. Ct. 2086 (1976). Accordingly, the motion for an order directing counsel to surrender the defense file is DENIED.
ORDERED in Tampa, Florida, on December 28, 2010.