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U.S. v. MURDOCK, 2:11-CR-08-DBH (2016)

Court: District Court, D. Maine Number: infdco20160701e81 Visitors: 11
Filed: Jun. 30, 2016
Latest Update: Jun. 30, 2016
Summary: PROCEDURAL ORDER D. BROCK HORNBY , District Judge . The defendant/petitioner has objected to the Magistrate Judge's Order denying his motion to correct the trial transcript. The defendant/petitioner challenges the Magistrate Judge's ruling that his statement under penalties of perjury that a sentence he uttered was omitted from the transcript is insufficient to overcome the prima facie correctness of the transcript under 28 U.S.C. 753(b). In objecting to the original motion to correct the
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PROCEDURAL ORDER

The defendant/petitioner has objected to the Magistrate Judge's Order denying his motion to correct the trial transcript. The defendant/petitioner challenges the Magistrate Judge's ruling that his statement under penalties of perjury that a sentence he uttered was omitted from the transcript is insufficient to overcome the prima facie correctness of the transcript under 28 U.S.C. § 753(b). In objecting to the original motion to correct the transcript, the government asserted that "the Court . . . is entitled to rely on its own memory of that proceeding." Opp'n at 13 (ECF No. 195). Given the passage of time and the number of hearings in the interval, I have no independent recollection of the exact words the defendant/petitioner used. I am quite certain that the addition of the sentence the defendant/petitioner says was omitted ("I want to do the talking") would not have affected my ruling that he could have a lawyer or he could represent himself, but not both, and that it would not have affected the appellate outcome or collateral relief. Nevertheless, in the interest of having a full record, I DIRECT the government to ask the court reporter to review her audio record of the hearing (usually the court reporter has one) and, after review, to re-certify what is the accurate transcript for this portion of the hearing. The re-certification shall be filed by July 14, 2016.

SO ORDERED.

Source:  Leagle

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