USA v. Tubbs et al

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
NORTHERN DIVISION
UNITED STATES OF AMERICA 	)
)
v. 	) 	Crim. Action No. 2:14-000135-KD-N
)
TAKASHA STEVENSON, 	)
Defendant. 	)
REPORT AND RECOMMENDATION
This action is before the Court on defendant Takasha Stevenson’s “Motion for
Declaration of Indigency and Waiver of Fees” filed April 30, 2015. (Doc. 581) 	The
motion was referred to the undersigned by United States District Judge Kristi K.
DuBose on May 7, 2015. 	A hearing was held before the undersigned on May 18,
2015.1 	Present at the hearing were defendant Takasha Stevenson, her retained
counsel of record Michael P. Hanle, Esq., and Assistant United States Attorney
Gloria Bedwell. 	Upon consideration of the motion, the evidence presented during
the 	hearing 	and 	the 	arguments 	of 	counsel, 	it 	is 	the 	recommendation 	of 	the
undersigned that the defendant’s motion for waiver of the transcript fee (Doc. 581)
be GRANTED.
BACKGROUND
Stevenson moves the Court to waive the requirement that she pay the fees
for a transcript of the proceedings before this Court on basis that she is indigent.2
1 Section 310.10.20 of the Guide to the Judiciary provides, in pertinent part:
(a) In responding to requests for services under 18 U.S.C. 3006A(e) by a person
represented by retained counsel, the court should inquire into the fee arrangement
between the retained attorney and the client.
2 At the hearing, counsel for defendant clarified that the request was solely to waive the
requirement for payment of the transcript of the proceedings in District Court.
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At arraignment, Stevenson qualified for appointment of counsel under the Criminal
Justice Act, 18 U.S.C. § 3006A, and counsel (CJA Panel Attorney Tim Fleming) was
appointed to represent her in the criminal proceedings in this Court (Doc. 	125,
Financial Affidavit; Doc. 128, Order appointing counsel from the Criminal Justice
Act Panel of Attorneys). 	Following her conviction after a jury trial, her appointed
counsel filed a notice of appeal. (Doc. 545)
Stevenson has now retained new counsel to represent her on appeal and
represents to the Court that her family has paid his fee. In support of her motion to
waive the fees for transcripts, Stevenson states, in sum, that no further funds are
available from her family and that she is without means to pay the costs of the
transcript.
ANALYSIS
Under the Criminal Justice Act, after an appropriate inquiry in an ex parte
proceeding, the Court may authorize counsel to obtain transcripts if the Court finds
that the transcripts are necessary and that the defendant is financially unable to
purchase them. 	See 18 U.S.C. § 3006A(e) (providing for services other than
counsel). 	“Fees 	for 	transcripts 	furnished 	in 	criminal 	proceedings 	to 	persons
proceeding under the Criminal Justice Act, 18 U.S.C. § 3006A, . . . shall be paid by
the United States[.]” 28 U.S.C. § 753(f).
At the time of her arrest, Stevenson was employed at a manufacturing plant.
However, she qualified financially for appointment of counsel (Docs. 125, 128).
Now that she has been sentenced and placed in the custody of the United States
Marshal, she is no longer employed.3 	Thus, her financial status has not improved
3 At the time of the hearing Stevenson was being housed in the Mobile County Metro Jail in
Mobile, Alabama, awaiting designation by the Bureau of Prisons.
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since that time. 	Stevenson states that her family paid the fees of her recently
retained counsel but that no further funds are available for purchase of a transcript.
At the hearing, FBI Special Agent Craig Underwood testified regarding his
criminal investigation, which included reviewing Stevenson’s income tax returns for
the years 2007 through 2013 (excluding 2009). 	Specifically, Agent Underwood
noted that in the years 2011, 2012, and 2013, although reporting incomes of
$29,652, $40,039 and $33,535, respectively, Stevenson also reported business losses
of $12,777 (2011), 	$19,193 (2012) and $11,507 (2013). 	(Govt. Ex. 3). 	In addition,
during the years 2010, 2011, 2012, and 2013, cash deposits (made in increments of
$500.00 or more) totaling $60,000.00 were made to 3 bank accounts owned by
defendant. (Govt. Ex. 2) Agent Underwood also noted that during Stevenson’s trial
on charges of money laundering, she testified that friends had given her large sums
of cash and that the Government has been unable to account for this money. (Govt.
Ex. 1) 	Finally, AUSA Bedwell proffered that Stevenson testified to, and evidence
was admitted regarding, her personal assets and noted that a preliminary order of
forfeiture for $25,270.00 has been entered in this case. (Doc. 555)
Counsel 	for 	defendant 	noted 	that 	she 	has 	been 	incarcerated 	since 	her
sentencing on April 8, 2015, has lost her employment, and has no income. 	In
addition, 	counsel 	noted 	that 	Stevenson 	is 	a 	single 	mother 	of 	two 	teenagers.
Further, counsel elaborated on the information contained in the motion regarding
his fee arrangement with Stevenson’s sister and mother.4 	The undersigned finds
that the fee arrangement is not unreasonable in relation to fees customarily paid to
practitioners in the community for services in criminal matters of similar duration
4 At this point in the hearing, AUSA Bedwell and Agent Underwood were excused from the
proceedings. In addition, the recording of the hearing was ordered sealed.
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and complexity. 	(Guide To Judiciary Policy, § 310.10.20(b)). 	Upon consideration of
the motion, the evidence submitted during the hearing, and argument by counsel,
the 	undersigned 	finds 	that 	Stevenson 	has 	met 	the 	requirements 	of 	financial
inability to obtain the transcript and the necessity5 of the services. 	Accordingly, it
is the recommendation of the undersigned that Stevenson’s motion for waiver of the
transcript fee (Doc. 581) be GRANTED, subject to the provisions of 18 U.S.C.
3006A(e)(3).6
NOTICE OF RIGHT TO FILE OBJECTIONS
A copy of this report and recommendation shall be served on all parties in the
manner provided by law. Any party who objects to this recommendation or anything
in it must, within fourteen (14) days of the date of service of this document, file
specific written objections with the Clerk of this Court. See 28 U.S.C. § 636(b)(1);
Fed. R. Civ. P. 72(b); S.D. Ala. L.R. 72.4. The parties should note that under
Eleventh Circuit Rule 3-1, “[a] party failing to object to a magistrate judge's
findings 	or 	recommendations 	contained 	in 	a 	report 	and 	recommendation 	in
accordance with the provisions of 28 U.S.C. § 636(b)(1) waives the right to challenge
on 	appeal 	the 	district 	court's 	order 	based 	on 	unobjected-to 	factual 	and 	legal
5 Although not stated in the motion, at the hearing counsel advised that the transcripts are
necessary for the appeal, and the court concurs. 	See United States v. Ware, 2010 WL
743032, *2 (M.D. Ala. Feb. 26, 2010) (“Counsel’s need for the transcripts at the critical
juncture after conviction and before sentencing is apparent to the Court.”)
6 “(3) Maximum amounts.--Compensation to be paid to a person for services rendered by
him to a person under this subsection, or to be paid to an organization for services rendered
by an employee thereof, shall not exceed $2,400, exclusive of reimbursement for expenses
reasonably incurred, unless payment in excess of that limit is certified by the court, or by
the United States magistrate judge if the services were rendered in connection with a case
disposed of entirely before him, as necessary to provide fair compensation for services of an
unusual character or duration, and the amount of the excess payment is approved by the
chief judge of the circuit. The chief judge of the circuit may delegate such approval
authority to an active or senior circuit judge.”
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conclusions if the party was informed of the time period for objecting and the
consequences on appeal for failing to object. In the absence of a proper objection,
however, the court may review on appeal for plain error if necessary in the interests
of justice.” 	11th Cir. R. 3-1. 	In order to be specific, an objection must identify the
specific finding or recommendation to which objection is made, state the basis for
the 	objection, 	and 	specify 	the 	place 	in 	the 	Magistrate 	Judge’s 	report 	and
recommendation where the disputed determination is found. An objection that
merely incorporates by reference or refers to the briefing before the Magistrate
Judge is not specific.
DONE this the 22nd day of May 2015.
/s/ Katherine P. Nelson
____________________________
KATHERINE P. NELSON
UNITED STATES MAGISTRATE JUDGE
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