United States v. Webb

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7447
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
WILLIAM EUGENE WEBB, a/k/a James Thomas Webb,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. Frank W. Bullock, Jr.,
District Judge. (CR-99-373)
Submitted: January 16, 2002 Decided: January 23, 2003
Before WILLIAMS, KING, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
William Eugene Webb, Appellant Pro Se. Michael Francis Joseph,
Assistant United States Attorney, Greensboro, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
William Eugene Webb appeals from the district court’s order
affirming the order of the magistrate judge denying his motion for
production of a trial transcript at Government expense. Webb seeks
the transcript to aid his preparation of a 28 U.S.C. § 2255 (2000)
motion. However, as there is no § 2255 motion pending, Webb is not
entitled to a free transcript. 28 U.S.C. § 753(f) (2000); see also
United States v. Horvath, 157 F.3d 131, 132-33 (2nd Cir. 1998).
The district court will examine the file and records of the case
when the motion is filed. Rule 4(b), Rules Governing § 2255
Proceedings. Webb is not required to set forth his claims in great
detail in filing the § 2255 motion. Rule 2(b), Rules Governing §
2255 Proceedings. Therefore, we affirm the order of the district
court. We dispense with oral argument, because the facts and legal
contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
AFFIRMED
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