USA v. Smith
Criminal

Middle District of Florida, flmd-8:2017-cr-00121-334666

ORDER ruling deferred {{127}} Motion for Court Records as to Wayne St. Aubyn Smith (1); directing standby counsel Mark Ciaravella to file status report within ten days confirming the date that counsel provided trial and sentencing transcript to Defendant Smith, and notifying the Court of the response of the Bureau of Prisons as to whether Defendant Smith still has those records and is permitted to retain those records for use in the appeal. Signed by Judge Elizabeth A. Kovachevich on 7/30/2019.

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PageID 1385 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION UNITED STATES OF AMERICA, CASE NO. 8:17-CR-121-T-17JSS WAYNE ST. AUBYN SMITH. ORDER This cause is before the Court on: Dkt. 127 Pro Se Motion for Court Records Defendant Wayne St. Aubyn Smith, pro se, requests that the Court provide the trial transcript and sentencing transcript to Defendant for his use in Defendant's direct appeal. Defendant Smith proceeded pro se before this Court, with the assistance of standby counsel (Dkt. 47). In Defendant's appeal, Case No. 17-13968, Defendant's standby counsel moved to withdraw and to permit Appellant to proceed pro se. In the Motion, Defendant's standby counsel states that he has provided the transcripts and record to Defendant Smith. (Exhibit 1). On January 11, 2019, the Eleventh Circuit Court of Appeals granted Appellant Smith's motion to discharge counsel and Mark Ciaravella's motion to withdraw or act as standby counsel in part and denied the motions in part. (Exhibit 2). Appellant Smith was permitted to represent himself on appeal. Mark Ciaravella was directed to act as standby counsel, and to provided copies of his case files to Appellant Smith. Pageld 1386 Case No. 8:17-CR-121-T-17JSS Defendant Smith is in custody at FCC Coleman Low. The Court needs to determine if there is a practical problem with Defendant Smith's ability to retain the trial transcript and sentencing transcript for Defendant Smith's use in the appeal. After consideration, the Court directs Defendant Smith's standby counsel to confirm the date that he provided the trial transcript and sentencing transcript to Defendant Smith, and to inquire of the Bureau of Prisons whether Defendant Smith has still has those records and is permitted to retain the records for his use, and file a status report to the Court within ten days of the date of this Order. The Court will defer ruling on Defendant's Motion. Accordingly, it is ORDERED that Defendant Wayne St. Aubyn's standby counsel, Mark Ciaravella, shall file a status report within ten days that confirms the date that counsel provided the trial transcript and sentencing transcript to Defendant Smith, and notifies the Court of the response of the Bureau of Prisons as to whether Defendant Smith still has the records and is permitted to retain those records for use in the appeal. The Court's ruling on Defendant Smith's Motion (Dkt. 127) is deferred. DONE and ORDERED in Chambers in Tampa, Florida on this 30 day of July, 2019. ELIZABETH A. KOVACHEVICH United States District Judge Pageld 1387 Case No. 8:17-CR-121-T-17JSS Copies to: Mark Ciaravella, Esq. AUSA Charles Connally Pro Se Defendant: Wayne St. Aubyn Smith Reg. # 42332-066 Federal Correctional Complex FCC Coleman Low A-2 P.O. Box 1031 Coleman, FL 33521