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456 F.2d 1292

Docket No. 72-1076

Doyal v. United States

Fifth Circuit Court of Appeals

Decided March 21, 1972.

Fifth Circuit Court of Appeals · decided 1972-03-21

Cited by 3 later decisions — most recently February 1985

3 federal appellate ·

2 counsel of record

Applies 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York · Skinner v. United States · Bennett v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1972-03-21

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¶1Summary Calendar.*

¶2Dedorise Daniel Doyal, pro se.

¶3William S. Sessions, U. S. Atty., Jeremiah Handy, Asst. U. S. Atty., San Antonio, Tex., for respondent-appellee.

¶4Before BELL, DYER and CLARK, Circuit Judges.

¶6PER CURIAM:

¶7This is an appeal from an order of the district court denying the motion of Doyal to vacate sentence pursuant to 28 U.S.C.A. § 2255. We affirm.

¶8Doyal was convicted upon trial by jury on a four-count indictment charging him with illegal importation of 750 grams of cocaine and with assault of federal customs officers. This Court affirmed the conviction in United States v. Doyal, 5 Cir., 1971, 437 F.2d 271. In his motion to vacate sentence Doyal alleges that the record of the proceedings in the trial court was incomplete.

¶9Doyal was represented at his trial by two privately retained attorneys. *1293The record and transcript were prepared at Doyal’s expense. The responsibility for directing whether the entire record was to be prepared rested with Doyal’s counsel. In addition, Doyal did not allege what was omitted from the transcript or how he was prejudiced by any omission. He has wholly failed to allege upon what grounds relief could be granted. Smith v. United States, 5 Cir. 1971, 449 F.2d 176. Instead, he contends that a complete record should be prepared at Government expense to allow him to determine what was omitted and to further determine whether he was prejudiced thereby. An indigent has no absolute right to a free copy of his transcript merely to search for possible defects. Colbert v. Beto, 5 Cir. 1971, 439 F.2d 1130; Bennett v. United States, 5 Cir. 1971, 437 F.2d 1210; Skinner v. United States, 5 Cir. 1970, 434 F.2d 1036. The judgment is Affirmed.

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