United States District Court, S.D. New York
January 4, 2005.
UNITED STATES OF AMERICA,
ERNEST MAURICE ROBERTS Defendant.
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
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.
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