United States v. Jeffery Antoine

Antoine appeals from his conviction for bank robbery, 18 U.S.C. § 2113 (a), alleging violations of 18 U.S.C. § 3161 (c) (Speedy Trial Act) and 28 U.S.C. § 753 (b) (Court Reporter Act), as well as auxiliary constitutional violations. He also alleges a violation of Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963), and an infringement of due process as a result of an unreasonable delay in the processing of his appeal. The district court had jurisdiction pursuant to 18 U.S.C. § 3231 , and we have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 . We affirm in part and vacate and remand in part.

I

Antoine was indicted on October 23, 1985, and convicted following a two-day jury trial on March 3-4, 1986. On March 12, Antoine’s ex-wife, acting on behalf of Antoine, requested a copy of the reporter’s transcript, and paid the full amount necessary to secure it. Despite repeated motions filed by Antoine’s counsel and repeated orders entered by the district court directing the transcripts to be prepared, no transcripts had been filed and no explanation had been given by the court reporter as of July 11, 1988. On that date, the reporter finally informed…