USA v. Coime-Aguno et al

Middle District of Florida, flmd-8:2017-cr-00119-334672

ORDER denying without prejudice {{88}} Motion for a copy of sentencing transcripts as to pro se Defendant Luis Alberto Coime-Aguno (1). Signed by Judge Elizabeth A. Kovachevich on 10/31/2018. (JM)

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PageID 303 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION UNITED STATES OF AMERICA, CASE NO. 8: 17 - CR - 119 - T - 17AAS LUIS ALBERTO COIME - AGUNO. ORDER This cause is before the Court on: Dkt. 88 Motion Requesting a Copy of Sentencing Transcripts Defendant Luis Alberto Coime - Aguno, pro se, requests a copy of Defendant's sentencing transcript. Defendant Coime - Aguno asserts that Defendant is in need of his sentencing transcript in order to direct the Court's attention to the portions which justify Defendant's claims. Defendant Coime - Aguno was sentenced on August 30, 2017. (Dkts. 63, 67) . Defendant Coime - Aguno has not appealed Defendant's sentence, nor has Defendant filed a Sec. 2255 motion. In the Motion, Defendant Coime - Aguno has not explained what claims the materials Defendant Coime - Aguno has requested would have helped Defendant Coime - Aguno to raise. Defendant Coime - Aguno has not included any allegations that might establish that Defendant Coime - Aguno is entitled to Defendant's sentencing transcript at this time. . After consideration, the Court finds that Defendant Coime - Aguno's Motion for a Copy of Sentencing Transcripts is premature. The Court notes that a district PageID 304 Case No. 8: 17 - CR - 119 - T - 17AAS court's denial of a federal prisoner's transcript request has been affirmed on appeal where there is no appeal pending and the defendant had not moved to vacate his sentence under Sec. 2255. See Walker v. United States, 424 F. 2d 278, 279 (5th Cir. 1970) (holding that " only where a [ habeas) petitioner. . . has been granted leave to proceed in forma pauperis and his application is pending before the court is that petitioner entitled to be furnished copies of court records without costs .") . Based on the plain language and necessary operation of [ 28U.S. C. Sec. 753 (1) ], . . . a motion for a free transcript pursuant to Sec. 753 (f) is not ripe until a Sec. 2255 motion has been filed. United States v. Horvath, 157 F. 3d 131, 132 (2d Cir. 1998); see also United States v. Losing, 601 F. 2d 351, 352 (gth Cir. 1979) (holding that, under the language of Sec. 753 (f) and the Supreme Court's decision in United States v. MacCollom, 426U.S. 317 (1996), any request for a free transcript prior to the filing of a section 2255 complaint is premature) . Accordingly, it is ORDERED that pro se Defendant Luis Alberto Coime - Aguno's Motion for a copy of Sentencing Transcripts (Dkt. 88) is denied without prejudice. splay of DONE and ORDERED in Chambers in Tampa, Florida on this October, 2018 SECOND J. 612 LTZ BIZTIFA. KOVACHEVICH United States District Judge PageID 305 Case No. 8: 17 - CR - 119 - T - 17AAS Copies to: All parties and counsel of record Pro Se Defendant: Luis Alberto Coime - Aguno Register No. 685 - 018 McRae Correctional Facility P. O. Drawer 55030 McRae Helena, GA 31055