United States v. Jason Ortega

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-6577
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
JASON ORTEGA, a/k/a Julio, a/k/a Jesus, a/k/a Billy St.
John,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Raymond A. Jackson, District
Judge. (2:98-cr-00047-RAJ-TEM-4)
Submitted: July 25, 2013 Decided: July 30, 2013
Before GREGORY, DAVIS, and THACKER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Jason Ortega, Appellant Pro Se. Darryl James Mitchell, Assistant
United States Attorney, Norfolk, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jason Ortega appeals the district court’s order
denying his request for a copy of the sentencing transcript from
his 1998 trial at government expense. Ortega currently has no
motion to vacate pending, 28 U.S.C.A. § 2255 (West Supp. 2013),
and he is therefore not eligible for preparation of a transcript
at government expense. 28 U.S.C. § 753(f) (2006); United
States v. MacCollom, 426 U.S. 317, 319 (1976). Nor does
Ortega’s motion for transcripts allege grounds sufficient to
support the certification requirements of § 753(f). Therefore,
although we grant Ortega leave to proceed in forma pauperis, we
deny his motion to appoint counsel and affirm the order below.
We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before
this court and argument would not aid the decisional process.
AFFIRMED
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