Allen Brown v. United States

Fifth Circuit

Allen Brown v. United States

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

CourtCourt of Appeals for the Fifth Circuit

DecidedFebruary 25, 1971

Docket30205

StatusPublished

Cited by1 cases

This text of 438 F.2d 1385 (Allen Brown v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Allen Brown v. United States, 438 F.2d 1385, 1971 U.S. App. LEXIS 11663 (5th Cir. 1971).

Pincite

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.

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