USA v. Baldwin

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

UNITED STATES OF AMERICA,

Plaintiff,

vs.

TERRY L. BALDWIN,

Defendant.

4:07-CR-3001

ORDER

The defendant has filed an unusual motion asking the Court to review
its records for a transcript that does not exist, and that the defendant has been
told does not exist. Filing 260. The motion will be denied.
Specifically, the defendant previously asked the Court for a transcript of
a "Status Conference and/or Ex Parte Proceeding that was held on January 9,
2008." Filing 258. On that date, the matter came before the Magistrate Judge
for a change of plea, see filing 36, but instead the defendant asked to set the
case for trial, see filing 41. The Magistrate Judge set the case for trial after a
9-minute hearing for which there is an audio file. See filing 42; filing 43; filing
45. But after that, there was an ex parte hearing on the defendant's request for
appointment of new counsel. See filing 44. It's that hearing that the Court
understands the defendant to be requesting a transcript of—but no transcript
was prepared, no court reporter was present, and no audio file is available. See
filing 44. Accordingly, the clerk's office informed the defendant that there is no
transcript of the ex parte hearing nor any file from which a transcript can be
prepared. Filing 259.
The defendant, unsatisfied with that response, has now filed a motion
asking "this Honorable Court" to review its records for the missing transcript
of the ex parte hearing. But "this Honorable Court" has already done that: The
records of criminal proceedings are kept by the clerk of the district court. Fed.
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R. Crim. P. 55. If the clerk doesn't have a record, then the Court doesn't have
a record. There is nothing more to review.
One caveat: Although the Court understands the defendant to have been
asking for a transcript of the ex parte hearing, it's possible he wants a
transcript prepared of the 9-minute "change of plea" hearing that ended in a
trial setting. See filing 42; filing 43. If so, he can have that: The Court will
direct the clerk to provide the defendant with a request for transcript form,
which he can use to order a transcript to be prepared.
1

IT IS ORDERED:

1. The defendant's motion for review of court records (filing
260) is denied.
2. The Clerk of the Court shall provide the defendant with a
copy of this order and a request for transcript form.
Dated this 25th day of March, 2025.

BY THE COURT:

John M. Gerrard
Senior United States District Judge

1
The Court notes that an indigent defendant bringing a postconviction proceeding under 28
U.S.C. § 2255 may have a transcript prepared at the government's expense, if the suit is not
frivolous and the transcript is needed to decide the issue presented. 28 U.S.C. § 753. But
before a § 2255 motion is filed, such a request is premature. See Chapman v. United States,
55 F.3d 390, 390-91 (8th Cir. 1995). If the defendant wants a transcript prepared, he will
have to pay for it, as explained on the request for transcript form.
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