United States v. Lorenzo Pulido

JERRY E. SMITH, Circuit Judge:

Defendant Lorenzo Pulido was convicted, following a jury trial, on one count of conspiracy to possess and one count of possession with intent to distribute marijuana. A previous trial had ended in a mistrial on May 16, 1988, after the government had attempted to introduce unrelated marijuana samples.

On May 24, 1988, defense counsel requested a copy of the trial testimony of the mistrial. The district court returned the form unexecuted. Defense counsel moved for reconsideration of the denial of the transcript request. The district court denied the motion, stating,…