The United States of America v. John C. Sacco

Second Circuit

The United States of America v. John C. Sacco

430 F.2d 1304, 1970 U.S. App. LEXIS 7737

CourtCourt of Appeals for the Second Circuit

DecidedAugust 12, 1970

Docket35071_1

StatusPublished

Cited by3 cases

This text of 430 F.2d 1304 (The United States of America v. John C. Sacco) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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The United States of America v. John C. Sacco, 430 F.2d 1304, 1970 U.S. App. LEXIS 7737 (2d Cir. 1970).

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Opinion

PER CURIAM:

We affirm, in open court, the order of the Western District, pursuant to 28 U.S.C. § 1915(b), which granted forma pawperis relief to the appellee by directing that the minutes of the trial, at which appellee was convicted for eon-siracy, 18 U.S.C. § 371, be transcribed at government expense.

We believe the order, which involves an expenditure of approximately $3,000, to be appealable, Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949), as there is no other way in which the government can test the direction to disburse a considerable sum of money.

As to Judge Curtin’s finding that the defendant had insufficient assets and was financially unable to pay for a transcript of proceedings at trial, we cannot say that he was clearly erroneous. The appellee’s assets consisted of interests in four parcels of real estate, revenue from which was largely consumed in carrying charges. The appellee himself has no other income as he has been incarcerated in a New York State prison following his conviction for burglary. We are advised that counsel retained for his trial will continue to represent him on the appeal.

Our affirmance is without prejudice to any proceedings the government may bring to recover reimbursement from the appellee for any part or all of the cost of transcribing the minutes, or applying to the district court for any security for reimbursement.

The appellee is directed to docket the record on or before October 1, 1970, and file his brief by October 31, 1970, failing which the clerk is directed forthwith to dismiss the appeal. The government’s brief is due November 30, 1970, and the court will hear the appeal during the week of December 7, 1970.

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PER CURIAM:

We affirm, in open court, the order of the Western District, pursuant to 28 U.S.C. § 1915(b), which granted forma pawperis relief to the appellee by directing that the minutes of the trial, at which appellee was convicted for eon-siracy, 18 U.S.C. § 371, be transcribed at government expense.

We believe the order, which involves an expenditure of approximately $3,000, to be appealable, Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949), as there is no other way in which the government can test the direction to disburse a considerable sum of money.

As to Judge Curtin’s finding that the defendant had insufficient assets and was financially unable to pay for a transcript of proceedings at trial, we cannot say that he was clearly erroneous. The appellee’s assets consisted of interests in four parcels of real estate, revenue from which was largely consumed in carrying charges. The appellee himself has no other income as he has been incarcerated in a New York State prison following his conviction for burglary. We are advised that counsel retained for his trial will continue to represent him on the appeal.

Our affirmance is without prejudice to any proceedings the government may bring to recover reimbursement from the appellee for any part or all of the cost of transcribing the minutes, or applying to the district court for any security for reimbursement.

The appellee is directed to docket the record on or before October 1, 1970, and file his brief by October 31, 1970, failing which the clerk is directed forthwith to dismiss the appeal. The government’s brief is due November 30, 1970, and the court will hear the appeal during the week of December 7, 1970.

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430 F.2d 1304, 1970 U.S. App. LEXIS 7737, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-united-states-of-america-v-john-c-sacco-ca2-1970.

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