Jenkins, Tiran v. USA

Filing 52

ORDER denying petitioner Tiran Jenkin's 51 request for a free copy of his PSR and sentencing transcript. Signed by District Judge William M. Conley on 2/20/2015. (nln)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
TIRAN JENI<INS,
Petitioner,

ORDER

v.

ll-cv-747-wmc
UNITED STATES OF AMERICA,
Respondent.
In 2010, Jenkins entered a guilty plea to charges of armed bank robbery (count
one), use of a firearm during the commission of a crime of violence (count two), and
possessing a firearm as a felon (count three) in United States v. Jenkins, Case No.
10-cr-87-wmc.

In preparing the Pre-Sentence Report ("PSR"), a probation officer

concluded that Jenkins was eligible for enhanced punishment under the Armed Career
Criminal Act ("ACCA"), 18 U.S.C. S 924(e), because he had at least three prior
convictions which met the definition of a "violent felony." After concluding that Jenkins
qualified for punishment under the ACCA, the court sentenced Jenkins to serve a
mandatory minimum IS-year term of imprisonment as an armed career criminal
pursuant to S 924(e), followed by a consecutive mandatory minimum 7-year term for
using a firearm to commit a violent crime.
On direct appeal from that sentence, Jenkins argued that he was not eligible for
enhanced punishment under the ACCA because one of his prior felony convictions (for
vehicular flight from police under Wis. Stat. S 346.04(3)) should not have been counted
as a violent felony. The Seventh Circuit found this argument foreclosed by precedent,
affirming Jenkins' sentence in an unpublished opinion. See United States v. Jenkins, 417 F.

App'x 548 (7th Cir. March 30,2011)

(citing Dismuke).

Jenkins did not seek certiorari

review by the United States Supreme Court.
Subsequently, Jenkins challenged his sentence further in a motion for relief
pursuant to 28 U.S.C. S 2255. On September 6, 2013, this court denied Tiran Jenkins's
motion for relief from his federal conviction and sentence pursuant to 28 U.S.C. S 2255.
In doing so, the court considered more than one amended motion for relief filed by
Jenkins. Thereafter, on November 22,2013, the court denied Jenkins's motion to alter
or amend the judgment pursuant to Fed. R. Civ.P. 59(e). On July 11,2014, the Seventh
Circuit denied Jenkins's request for a certificate of appealability. See Jenkins v. United
States, No. 13-3737.
On December 1, 2014, Jenkins filed a new motion for relief from the final
judgment under Fed. R. Civ. P. 60(b)(6), arguing that this court did not consider all of
his arguments when it denied his initial motion under S 2255. On January 15,2015, this
court denied Jenkins's motion. (Dkt. # 43.) Jenkins has since filed a notice of appeal
from that decision (dkt. # 46), and he now seeks free copies of his sentencing transcript
as well as the PSR prepared by the probation office in this case. (Dkt. # 51.)
In Griffin v. Illinois, 351 U.S. 12, 19 20 (1956), the Supreme Court held that the
Due Process and Equal Protection clauses of the Fourteenth Amendment require the
government to provide indigent defendants with a trial transcript free of charge when it is
necessary for meaningful review on direct appeal. There is no such obligation, however,
to supply a free copy of his transcript or, other court records for use in a collateral
proceeding. See United States v. MacCollom, 426 U.S. 317 (1976) (construing the federal
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court reporter statute, 28 U.S.C. S 753, which authorizes a free transcript for indigent
defendants bringing a collateral attack on conviction only if one is needed to decide the
issue presented and the district court certifies that his appeal is non-frivolous).
Jenkins is not seeking court records in pursuit of a direct appeal from his
conviction, which was affirmed in 2011. Rather, he is seeking records in connection with
collateral review of his conviction pursuant to 28 U.S.C. S 2255.

Jenkins does not

articulate facts showing that he needs copies of his PSR and sentencing transcript in
order to pursue a non-frivolous claim for relief in this proceeding.

Under these

circumstances, his request for records and transcripts free of charge will be denied.

ORDER
IT IS ORDERED that Tiran Jenkins's request for a free copy of his PSR and
,

sentencing transcript (dkt. # 51) is DENIED.
Entered this 20th day of February, 2015.
BY THE COURT:
/s/
WILLIAM M. CONLEY
District Judge

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