Allen Brown v. United States

438 F.2d 1385, 1971 U.S. App. LEXIS 11663

Opinion

PER CURIAM:

Allen Brown was convicted by a jury of a Dyer Act offense 1 on October 22, 1969. This Court affirmed the judgment of conviction upon Brown’s %irect appeal, United States v. Brown, 425 F.2d 728 (5th Cir. 1970). One month after our affirmance he filed a motion in the district court seeking a copy of his trial transcript for use in a future collateral attack on his conviction. That court denied the motion without an evidentiary hearing. We affirm.

Brown had no petition for a post conviction remedy pending at the time of his motion and his motion failed to set forth any grounds of attack on his sentence. Under these circumstances, Brown is not entitled to a transcript at Government expense. Walker v. United States, 424 F.2d 278 (5th Cir. 1970).

Affirmed.

1 . 18 U.S.C. § 2312.