DISTRICT COURT, E.D. NEW YORK
January 26, 1944
The opinion of the court was delivered by: MOSCOWITZ
MOSCOWITZ, District Judge.
The defendant was indicted for unlawfully, wilfully, knowingly and feloniously taking a large number of gasoline ration books and coupons, property of the United States, in violation of 18 U.S.C.A. § 99.
Arraigned on March 22, 1943, the defendant pleaded not guilty. On April 2, 1943, being represented by counsel and warned by the court of the punishment which might follow his doing so, the defendant in open court withdrew his plea of not guilty and pleaded guilty as charged. On April 22, 1943, defendant was sentenced to imprisonment. In November, 1943, defendant moved for leave to withdraw his plea of guilty, to have the sentence vacated and the cause restored to the trial calender on the alleged ground that he was denied the opportunity to adequately prepare for trial. After three days' hearings on that application, the court rendered its decision denying the motion.
A motion is now made for an order, purportedly pursuant to 28 U.S.C.A. § 832,
directing the United States and the Attorney General to pay the cost of the stenographic copy of the testimony taken at those hearings.
The statute under which application is made does not authorize the relief sought. It applies only to court costs and provides in some cases for the printing of the record in the appellate court at Government expense. It does not authorize the procurement of a transcript of the testimony nor the payment for services in reporting evidence taken at the trial nor for the obtaining of it by the Government in behalf of an indigent defendant. Miller v. United States, 317 U.S. 192, 197, 63 S. Ct. 187.
The motion is therefore denied.
Settle order on notice.