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U.S. v. ROBERTS

United States District Court, S.D. New York


January 4, 2005.

UNITED STATES OF AMERICA,
v.
ERNEST MAURICE ROBERTS Defendant.

The opinion of the court was delivered by: LEWIS KAPLAN, District Judge

ORDER

Defendant was convicted by a jury of conspiracy and firearms charges and sentenced principally to a term of imprisonment of 54 months. An appeal is pending from the judgment.

The Court is in receipt of a letter from the defendant which expresses dissatisfaction with his attorney, seeks a stay and other relief in respect of his appeal, and requests assistance in obtaining pretrial and trial transcripts.

  Inasmuch as an appeal is pending, any relief with respect to the appeal — including any change in counsel, a stay or anything else — must come from the Court of Appeals. Accordingly, so much of the application as seeks such relief is denied without prejudice to any appropriate application to the Court of Appeals.

  As for the request for assistance in obtaining transcripts, these are available for purchase from the Southern District Court Reporters. If defendant is seeking to have his counsel make copies available to him, he should seek this from counsel and, if need be, ask for relief from the Court of Appeals.

  SO ORDERED.

20050104

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