United States v. Darryl Murray Freeman

50 F.3d 17 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Darryl Murray FREEMAN, Defendant-Appellant. No. 94-10092. United States Court of Appeals, Ninth Circuit. Submitted Feb. 21, 1995. * Decided March 1, 1995. Before: SCHROEDER, CANBY, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Darryl Murray Freeman, a federal prisoner, appeals pro se the district court's order denying his request for transcripts of his criminal trial. Freeman contends that although he has yet not filed a 28 U.S.C. Sec. 2255 motion to vacate his sentence, he is entitled to transcripts in order to prepare the motion. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 Under the applicable statute, 28 U.S.C. Sec. 753 (f), the district court is not authorized to order payment for transcripts before a defendant has filed a section 2255 motion raising non-frivolous issues which require a transcript for judicial review. 1 United States v.…