Tuesday, February 12, 2008

Mandamus Appropriate Method for Obtaining Audiotape of Sentencing, not 2255

U.S. v. Mondragon-Avilez, 2008 WL 313199 (2/5/08 (unpub'd) - The defendant's collateral relief waiver did not preclude a request for an audiotape of his sentencing hearing that he claims was mistranslated. But he had to seek the tapes by mandamus, not by 2255.