USA v. Pizarro

Middle District of Florida, flmd-8:2017-cr-00035-332874

ORDER denying without prejudice {{55}} Motion Requesting Sentencing Transcripts as to Angel Luis Pizarro (1). Signed by Judge Elizabeth A. Kovachevich on 11/5/2018. (JM)

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PageID 245 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION UNITED STATES OF AMERICA, V, CASE NO. 8: 17 - CR - 35 - T - 17MAP ANGEL LUIS PIZARRO. ORDER This cause is before the Court on: Dkt. 55 Construed Motion Requesting Sentencing Transcripts Defendant Angel Luis Pizarro, pro se, seeks a paper copy of Defendant's sentencing transcript in connection with Defendant's request for relief under 28U.S. C. Sec. 2255. Defendant Pizarro entered a plea of guilty to Count One of the Indictment, without a plea agreement. (Dkt. 19) . Defendant Pizarro was sentenced on August 18, 2017. (Dkts. 32, 35) . A Notice of Appeal was filed, and counsel has appeared on behalf of Defendant Pizarro. (Dkts. 40, 42) . At the present time, Defendant Pizarro has not filed a Sec. 2255 Motion. Any request for a free transcript pursuant to 28U.S. C. Sec. 753 (f) is premature prior to the filing of a section 2255 complaint. See United States v. MacCollom, 426U.S. 317 (1976) . Defendant Pizarro's appeal remains pending, and counsel was appointed for Defendant Pizarro as to the appeal. Defendant Pizarro could direct his request to Defendant's counsel. PageID 246 Case No. 8: 17 - CR - 35 - T - 17MAP After consideration, the Court denies Defendant Pizarro's Construed Motion Requesting Sentencing Transcripts without prejudice. Accordingly, it is ORDERED that pro se Defendant Angel Luis Pizarro's Construed Motion Requesting Sentencing Transcripts (Dkt. 55) is denied without prejudice. DONE and ORDERED in Chambers in Tampa, Florida on this s day of November, 2018. AME A. 1 _ ELIZABETH A KOVACHEVICH United States District Judge Copies to: All parties and counsel of record Pro Se Defendant: Angel Luis Pizarro Reg. No. 53290 - 054 USP VICTORVILLEU.S. PENITENTIARY P. O. BOX 3900 ADELANTO, CA 92301