United States v. Jay Herrera

The United States moves to have the appeal dismissed pursuant to Local Rule 20. 1 We grant the motion and dismiss the appeal. 2

Appellant filed a motion in the district court seeking to obtain a copy of his trial transcript in order to examine it to prepare an attack on his conviction collaterally. The district court denied the motion on grounds that the transcript is not available for a “fishing expedition.” This appeal followed.

This Court has consistently held that a federal prisoner is not entitled to obtain copies of court records at the government’s expense to search for possible defects…