Opinion
DOCKET NO. 2:05 CR 20137.
September 26, 2008
MEMORANDUM ORDER
Presently before the court is the defendant's Motion for Sentencing Transcripts. The defendant asserts that he needs his sentencing transcripts in order to prepare a § 2255 motion.
28 U.S.C. § 753(f) allows a court to order transcripts of a criminal proceeding where the § 2255 motion is not frivolous and the transcripts are needed to decide an issue presented in the motion, see 28 U.S.C. § 753(f). Stevens has failed to make any showing that his contemplated § 2255 petition would not be frivolous, or that the transcripts are needed to decide issues presented in any such § 2255 petition. Accordingly,
United States v. MacCollom, 426 U.S. 317, 326-27, 96 S.Ct. 2086, 48 L.Ed.2d 666 (1976) (rejecting argument that denial of request for transcripts prevents individual from filing § 2255 motion where individual made no showing that the transcripts were necessary); Crossley v. United States, 538 F.2d 508, 509 (2d Cir. 1976) ("naked allegation" of need for transcripts to prepare for § 2255 motion was insufficient).
IT IS ORDERED that the defendant's Motion for Sentencing Transcripts IS DENIED.