United States v. Horne

Order BEFORE: KEITH, BROWN, and MARTIN, Circuit Judges This appeal has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. After examination of the briefs and record, this panel agrees unanimously that oral argument is not needed. Rule 34(a), Federal Rules of Appellate Procedure. Appellant's conviction of several counts related to a conspiracy to distribute heroin and cocaine in violation of United States statutes and was affirmed in United States v. Woods, 544 F.2d 242 (6th Cir. 1976), cert. denied, 431 U.S. 954 (1977). Subsequently, appellant filed a motion to vacate his sentence under 28 U.S.C. § 2255 alleging a violation of his Sixth Amendment rights. The motion was denied and this Court affirmed the order. Horne v. United States, No. 78-5178 (6th Cir., May 8, 1978). Appellant then filed a motion to acquire transcripts of all the prior legal proceedings in order to prepare a second motion pursuant to 28 U.S.C. § 2255. The district court denied the motion. Appellant appeals from this denial.