Devlin

Thomas James Devlin appeals his jury conviction and sentence for unlawful possession of firearms by a felon, 18 U.S.C. § 922 (g)(1). He argues that the district court erred (1) in denying his request for a transcript of his suppression hearing, and (2) in imposing an indefinite sentence. We agree that the denial of the transcript violated Devlin’s equal protection rights, and reverse and remand for a new trial. Because we reverse on this ground, we do not reach Devlin’s claims about his sentence.

*1363 I.

On October 18, 1991, police searched Dev-lin’s home and found two firearms. Devlin, on probation for a state drug offense, was charged with two counts of being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). Before trial, he moved to suppress the evidence found in his home. After holding a suppression hearing at which four prosecution witnesses testified, the district court denied this motion.

Thereafter, Devlin, who is indigent, twice requested a free copy of the suppression hearing transcript in order to prepare for trial. Although the Government had obtained an extension on a filing deadline in order to obtain a copy of this transcript, the…