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  • United States v. Majid, 10th Cir. (2004)

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    The United States Court of Appeals for the Tenth Circuit dismissed Mohammed Abdul-Majid's appeal of the district court's denial of his motion requesting original transcripts from his guilty plea and sentencing proceedings. The court explained that Majid had exhausted his direct appeals and the Supreme Court had denied certiorari, so he could no longer directly appeal his conviction. If Majid wanted to challenge the transcript accuracy and assert prejudice, the proper avenue was a timely 28 U.S.C. § 2255 motion, not a second direct appeal. Therefore, the court dismissed Majid's current appeal.

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    Filed: 2004-12-29 Precedential Status: Precedential Docket: 04-6221

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    The United States Court of Appeals for the Tenth Circuit dismissed Mohammed Abdul-Majid's appeal of the district court's denial of his motion requesting original transcripts from his guilty plea and sentencing proceedings. The court explained that Majid had exhausted his direct appeals and the Supreme Court had denied certiorari, so he could no longer directly appeal his conviction. If Majid wanted to challenge the transcript accuracy and assert prejudice, the proper avenue was a timely 28 U.S.C. § 2255 motion, not a second direct appeal. Therefore, the court dismissed Majid's current appeal.

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    11 views2 pages

    United States v. Majid, 10th Cir. (2004)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Tenth Circuit dismissed Mohammed Abdul-Majid's appeal of the district court's denial of his motion requesting original transcripts from his guilty plea and sentencing proceedings. The court explained that Majid had exhausted his direct appeals and the Supreme Court had denied certiorari, so he could no longer directly appeal his conviction. If Majid wanted to challenge the transcript accuracy and assert prejudice, the proper avenue was a timely 28 U.S.C. § 2255 motion, not a second direct appeal. Therefore, the court dismissed Majid's current appeal.

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    of 2

    F I L E D

    UNITED STATES COURT OF APPEALS

    United States Court of Appeals


    Tenth Circuit

    TENTH CIRCUIT

    DEC 29 2004

    PATRICK FISHER
    Clerk

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,

    v.

    No. 04-6221
    (D.C. No. CR-98-80-R)
    (W.D. Okla.)

    MOHAMMED ABDUL-MAJID,
    Defendant - Appellant.
    ORDER

    Before EBEL, MURPHY and McCONNELL, Circuit Judges.

    Defendant-Appellant Mohammed Abdul-Majid appeals 1 from the district


    courts decision denying Majids motion asking the district court to direct the
    court reporter to produce the original transcripts from his guilty plea and
    sentencing proceedings. (Aplt. br. at 3, 5.) Majid contends that the transcripts
    the court reporter previously produced are not accurate. (Id. at 5.)
    This court, prior to Majid filing this transcript motion, denied Majid relief
    from his conviction and dismissed his direct appeal (R. doc. 433.), and denied
    Majid rehearing from that decision (Aplt. br. at 3.). Further, the United States
    This court grants Majids motion to proceed on appeal in forma
    pauperis. See 28 U.S.C. 1915.
    1

    Supreme Court denied Majids petition for a writ of certiorari. Majid v. United
    States, 125 S. Ct. 94 (Mem.) (Oct. 4, 2004). Therefore, Majid cannot characterize
    his current appeal as a second direct appeal from his conviction. Once the
    defendants chance to appeal has been . . . exhausted, . . . we are entitled to
    presume he stands fairly and finally convicted. United States v. Frady, 456 U.S.
    152, 164 (1982).
    If Majid wants to challenge the accuracy of these transcripts and assert how
    those inaccuracies have prejudiced him, see United States v. Taverna, 348 F.3d
    873, 880 (10th Cir. 2003), Majid must now do so in a timely 28 U.S.C. 2255
    motion. See generally 28 U.S.C. 2255 (addressing requirements for timely
    filing 2255 motion). While Majid has previously filed such a 2255 motion,
    the district court dismissed that motion without prejudice to his refiling it because
    at that time Majids direct appeal was still pending in this court.
    For these reasons, therefore, we DISMISS this appeal.

    ENTERED FOR THE COURT

    David M. Ebel
    Circuit Judge

    -2-

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