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Hilton v. United States

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK


April 25, 2007

WINSTON HILTON, PETITIONER,
v.
UNITED STATES OF AMERICA, RESPONDENT.

The opinion of the court was delivered by: Alvin K. Hellerstein, U.S.D.J.

ORDER DENYING MOTION FOR GRAND JURY TRANSCRIPT

By papers dated March 21, 2007, Winston Hilton moves this Court to provide him with records of grand jury proceedings relating to his indictment for conspiracy to distribute in excess of 1000 kilograms of marijuana. The motion is denied.

On February 15, 2002, a federal jury found Hilton guilty of conspiracy to distribute narcotics, 21 U.S.C. § 846, and I sentenced him to 120 months imprisonment. See Judgment, Oct. 29, 2002 (document no. 211). Hilton appealed his conviction and sentence, which the United States Court of Appeals for the Second Circuit subsequently affirmed. See Mandate, Jan. 11, 2007 (document no. 278).

Hilton requests grand jury records in order to "prepare a collateral attack upon his conviction." Motion for Disclosure of Transcripts of Grand Jury at 3, Mar. 21, 2007. Federal law governing habeas corpus proceedings provides:

If on any application for a writ of habeas corpus an order has been made permitting the petitioner to prosecute the application in forma pauperis, the clerk of any court of the United States shall furnish to the petitioner without cost certified copies of such documents or parts of the record on file in his office as may be required by order of the judge before whom the application is pending.

28 U.S.C. § 2250. Hilton has not filed a petition for a writ of habeas corpus, nor has he applied for permission to file such a petition in forma pauperis. The motion is denied for this reason.

20070425

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