Marion Taylor v. United States

Taylor was charged with the sale of a narcotic drug in violation of the Harrison Narcotic Act, 26 U.S.C.A. (I.R.C. 1939) §§ 2553 and 2557. He was tried upon his plea of not guilty, found guilty by a jury, and sentenced to a term of five years by judgment of the court below. Subsequently he filed in the same court a motion to vacate his sentence under § 2255, Title 28 U.S.C.A. This motion was denied by the Judge before whom he had originally been tried. His attempt to obtain permission to appeal in forma pauperis was denied after the district court had certified that the appeal was not taken in good faith. Taylor v. United States, 9 Cir., 221 F.2d 228 . Thereafter Taylor filed in the same court a second motion to vacate under § 2255 and this appeal now refers to the order -denying that second motion.

Taylor has filed in the present proceeding a motion for an order requiring that a stenographic transcript of the trial at which he was originally convicted be furnished at the expense of the United States. § 1915(b), Title 28, provides that in certain cases the expense of furnishing a stenographic transcript may be directed to be paid by the United States. Obviously this refers to a…