American Horse v. United States of America

Filing 12

ORDER denying as moot motion for abeyance 4 ; granting 5 Motion for Transcripts. Signed by US Magistrate Judge Veronica L. Duffy on 2/13/2015. (CG)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
GEORGE AMERICAN HORSE,
Movant,
vs.

5:14-CV-05094-JLV
ORDER ON MOTIONS:
ABEYANCE [DOCKET NO. 4]

UNITED STATES OF AMERICA,
FOR TRANSCRIPTS [DOCKET NO. 5]
Respondent.
This matter is before the court on movant George American Horse’s motion
to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. See
Docket No. 1. The matter has been referred to this magistrate judge pursuant to
28 U.S.C. § 636(b)(1) and the October 16, 2014, standing order of the Honorable
Jeffrey L. Viken, district judge.
The claims alleged by Mr. American Horse in his motion are that his lawyer
was ineffective in advising him to waive his rights under the Speedy Trial Act and
in failing to advise him that he had a right to confront and cross-examine
witnesses against him at a jury trial. See Docket No. 1. In addition, he claims
that there are no transcripts in his case in violation of Fed. R. Crim. P. 11(g). Id.
Mr. American Horse requested transcripts of all proceedings in his case,
including the jury trial transcript, in November, 2014. [Mr. American Horse never
had a jury trial, so there are no transcripts of a jury trial available]. He was told it
would cost $240.00 to prepare those transcripts. Mr. American Horse does not
have the money to pay for these transcripts, so he now moves the court to order

the transcripts to be prepared and sent to him. The court has accorded in forma
pauperis status to Mr. American Horse.
As noted above, there is no jury trial transcript in this case to be prepared
because there was no trial—Mr. American Horse pleaded guilty. The hearings in
this case consist of: an initial appearance on August 14, 2012; a hearing to
reconsider granting Mr. American Horse bond on March 11, 2013; a suppression
hearing on May 10, 2013; a September 26, 2013, change of plea hearing; and a
January 23, 2014, sentencing hearing. There is a reasonable probability that
there may be discussions on the record at these hearings that touch on or are
relevant to the issues raised in Mr. American Horse’s § 2255 petition. Accordingly,
the court will order transcripts from these hearings to be prepared.
Based on the foregoing, it is hereby
ORDERED that Mr. American Horse’s request for transcripts [Docket No. 5]
is granted. The court reporter is directed to prepare and file transcripts from:
1.

the initial appearance on August 13, 2012;

2.

the bond reconsideration hearing on March 11, 2013;

3.

the suppression hearing on May 10, 2013;

4.

the change of plea hearing on September 26, 2013; and

5.

the sentencing hearing on January 23, 2014.

Upon such transcripts being filed, the clerk’s office is directed to send copies of the
transcripts to Mr. American Horse. It is further

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ORDERED that Mr. American Horse’s motion to hold this case in abeyance
until he receives transcripts [Docket No. 4] is denied as moot.
DATED this 13th day of February, 2015.
BY THE COURT:

VERONICA L. DUFFY
United States Magistrate Judge

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