USA v. Williams, et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
UNITED STATES OF AMERICA,
Plaintiff,
vs.
EMMANUEL CHARLES KUOT,
Defendant.
4:20-CR-3130
ORDER
This matter is before the Court on correspondence from the defendant
that has been filed as a motion for copies (filing 168). The Court will deny the
defendant's motion.
The defendant does not have the right to receive copies of documents
without payment, even if he is indigent. See 28 U.S.C. § 1915; Lewis v.
Precision Optics, Inc., 612 F.2d 1074, 1075 (8th Cir. 1980). Nor does the basis
for the defendant's request—newly amended Sentencing Guidelines—support
his request at this point, because none of those amendments have been applied
retroactively yet. See U.S.S.G. § 1B1.10.1 And the "statement of reasoning,"
which the Court presumes is the statement of reasons, is a sealed document,
1 Nor are any proposed retroactive amendments likely to affect the defendant. The
amendments that have been proposed (but not yet adopted) for retroactive application deal
with mitigating role adjustments in drug trafficking cases, use of the "physically restrained"
enhancement in robbery cases, and the meaning of "intervening arrest" in determining
criminal history—none of which were applied in the sentencing guidelines calculation in this
case. See filing 161; see also Notice of Submission to Congress of Amendments to the
Sentencing Guidelines Effective November 1, 2025, and Request for Comment, 90 Fed. Reg.
19798 (May 9, 2025), https://www.federalregister.gov/d/2025-07785/p-3.
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which will not be provided to the defendant based on the Court's policies
regarding sealed filings.
In addition, the defendant requests a transcript of sentencing, but no
such transcript was prepared. The Court will direct the Clerk's Office to
provide the defendant with a copy of a request for transcript form, which the
defendant may complete and return. The defendant's sentencing hearing was
recorded by a court reporter, so if the defendant returns the request for
transcript form, the court reporter will contact the defendant to arrange for
payment of the fee.
The defendant may also pay the Clerk of the Court for copies of other
documents at the established rate of 50¢ per page. The other documents he has
requested—the docket sheet and judgment—total 17 pages for a cost of $8.50,
which must be prepaid when requested. Accordingly,
IT IS ORDERED:
1. The defendant's motion for copies (filing 168) is denied.
2. The Clerk of the Court is directed to provide the defendant
with a copy of this order and a request for transcript form.
Dated this 3rd day of November, 2025.
BY THE COURT:
John M. Gerrard
Senior United States District Judge
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