Patrick Millard Eddy v. United States

This is an appeal from an order of the District Court denying a motion filed by Eddy for an order requiring that he be furnished with a certified copy of the transcript of the proceedings at arraignment and sentence at the expense of defendant.

Defendant had been sentenced by Hon. J. F. T. O’Connor to a term of twenty-five years for armed robbery of a postal clerk and to a five year term concurrent therewith for transporting a stolen car. Both sentences were imposed upon pleas of guilty.

On May 7, 1956, Eddy filed a motion that he be furnished a transcript of the proceedings on arraignment and plea at government expense. The District Court denied the motion. Appeal was taken to this Court and was dismissed by the Court on motion of the government.

On September 4, 1956, Eddy filed the present motion for an order requiring that he be furnished a certified copy of the transcript at his own expense. Although this motion was entitled a proceeding under 28 U.S.C.A. § 2255 , the only proper basis therefor was 28 U.S. C.A. § 753(b), which requires a verbatim transcript of criminal cases to be kept on file for ten years. Appeal was taken from the denial of this motion by the trial…