United States District Court, E.D. California
ORDER DENYING DEFENDANT'S MOTIONS FOR COURT
ORDERS (DOC. NOS. 202, 203, 204, 205, 206)
matter is now before the court on post-sentencing motions
filed by defendant Cyrus Dennis Braswell who has proceeded,
and is continuing to proceed, pro se in this
criminal action. The defendant was convicted following a jury
trial of all three counts of a Superseding Indictment
charging him in each count with mailing threatening
communications in violation of 18 U.S.C. § 876(c). (Doc.
No. 171.) On May 20, 2019, the court sentenced defendant
Braswell to three concurrent terms of 97 months in the
custody of the U.S. Bureau of Prisons with that sentence to
run consecutively to the federal prison sentence he was
already serving. (Doc. Nos. 195, 196.) On that same date,
defendant Braswell filed a notice of appeal which was
processed to the Ninth Circuit Court of Appeals. (Doc. Nos.
22, 2019, defendant Braswell filed with the court a motion
for an order directing the U.S. Marshal in Fresno, CA to
contact a property officer at the Nevada Southern Detention
Center in Pahrump, Nevada to arrange for the shipment of one box
of his legal materials from that facility to him at his
current institution of confinement, FCI Terre Haute. (Doc.
No. 202.) Therein, defendant Braswell explained that in April
of 2018 he had three boxes of legal documents forwarded to
the U.S. Marshal's Office in Fresno from FCI Terre Haute
in connection with his defense against the charges brought
against him in this action. He also reported that in July of
2019, after his sentencing by this court, two of those three
boxes of legal materials were returned to him at FCI Terre
Haute by the U.S. Marshal. (Id. at 2.) However, the
other, and what he characterized as the most important box of
legal materials, was shipped along with him to the Nevada
Southern Detention Center and that when he was transferred
from that detention center in late June of 2019, that box of
legal materials did not accompany him. (Id. )
Accordingly, defendant Braswell sought a court order to
assist him in recovering that box of legal materials.
August 2, 2019, defendant Braswell filed with the court a
request for a blank transcript designation form and a
“USB ‘Flash Drive' if possible all legal data
filed under No. #1:18-cr-00034 . . ..” (Doc. No. 203.)
On August 12, 2019, defendant Braswell filed another motion
for an order or, alternatively, a request to contact the U.S.
Marshal in Fresno to assist him in recovering the box of
legal materials that he claimed had not been delivered to him
at FCI Terre Haute. (Doc. No. 204.) Finally, on September 3,
2019, defendant Braswell filed two letters with this court
repeating the same claim and requesting that the letters be
forwarded to the U.S. Marshal and to the undersigned. (Doc.
court has inquired with both the U.S. Marshal's Service
and with Nevada Southern Detention Center. The U.S.
Marshal's Service has responded that, as acknowledged by
defendant Braswell in his filing, they forwarded his legal
materials in their possession to him at FCI Terre Haute.
Although the U.S. Marshal's Service has no control over
property located at the Nevada Southern Detention Center, it
nonetheless inquired with that facility as to the status of
the legal materials defendant Braswell claims were with him
there but that he has not received in Terre Haute. The U.S.
Marshal's Service was advised by representatives of the
Nevada Southern Detention Center that on August 29, 2019,
defendant Braswell's legal materials were packed into
four large priority mail boxes at the Detention Center and
shipped to him at his current institution of incarceration,
FCI Terre Haute. In addition, the U.S. Marshal's Service
was advised that according to the tracking numbers associated
with those four priority mail boxes, two of them were
delivered to FCI Terre Haute on August 31, 2019 at 10:27 a.m.
and the other two were received at that same location on
September 3, 2019 at 7:34 a.m. Accordingly, defendant
Braswell's request that the court inquire as to his legal
materials is granted and that request has been satisfied. His
request that the court issue any order with respect to his
legal materials will be denied as having been rendered moot.
Braswell's request that a “flash drive”
containing all filings in this case be sent to him will be
denied since that request is unsupported by any authority or
by a showing of good cause. Defendant also has requested a
blank transcript designation form. While a form entitled in
this manner no longer exists, the court will direct that the
Clerk of the Court provide defendant Braswell with a blank
transcript ordering form. Finally, the court notes that
following defendant's filing of his notice of appeal, his
appeal was processed and assigned a case number by the Ninth
Circuit Court of Appeals. Any inquiries by defendant with
respect to his appeal from the judgment entered in this case
should be directed to the Ninth Circuit Court of Appeals. No.
further orders will be issued by this court in this closed
1. Defendant Braswell's request that this court inquire
as to the status of his legal materials (Doc. Nos. 202, 204,
205, 206) is granted and, as reflected above, the court has
reported the result of that inquiry;
2. Defendant Braswell's request that the court issue any
order requiring shipment of his additional legal materials to
him (Doc. Nos. 202, 204, 205, 206) is denied as having been
3. Defendant Braswell's request that a “flash
drive” containing all filings in this case be sent to
him (Doc. No. 203) is denied;
4. Defendant Braswell's request that he be provided a
transcript designation form (Doc. No. 203) is granted in part
and the Clerk of the Court is directed to provide him with a
blank transcript ordering form with this order; and
5. No further orders will be issued by this court in response
to future inquiries by the defendant in this closed criminal
case absent a compelling showing of good cause.