context: The government cannot "possess" a statement as defined in the Jencks Act apart from the writing or recording in which it is memorialized. Further, to be producible under the Jencks Act, a "statement" (i.e. the transcript or recording thereof) must be "in the possession of the United States." 18 U.S.C. SS 3500(b). If the government has not requested and received a transcript from a court reporter, then obviously the transcript or statement is not "in the possession of the United States."
citation_a.signal: see
citation_a.identifier: 358 F.2d 18, 20
citation_a.parenthetical: "The government has no obligation to transcribe stenographic notes of testimony in a criminal trial just in case some of the witnesses might be later called upon to testify in a related trial"
citation_a.sentence: See United States v. Moeckly, 769 F.2d 453, 464 (8th Cir.1985); United States v. Cagnina, 697 F.2d 915, 922 (11th Cir.1983); United States v. Hutcher, 622 F.2d 1083, 1088 (2d Cir.1980); United States v. Baker, 358 F.2d 18, 20 (7th Cir.1966) (“The government has no obligation to transcribe stenographic notes of testimony in a criminal trial just in case some of the witnesses might be later called upon to testify in a related trial”); see also United States v. Clark, 928 F.2d 733, 738 (6th Cir.1991) (untranseribed testimony at detention hearing not “in possession” of government); United States v. Trevino, 556 F.2d 1265,1271 (5th Cir.1977) (presentence report under control of probation officer is not “in possession of the United States” for purposes of the Act).
citation_b.signal: see also
citation_b.identifier: 556 F.2d 1265, 1271
citation_b.parenthetical: presentence report under control of probation officer is not "in possession of the United States" for purposes of the Act
citation_b.sentence: See United States v. Moeckly, 769 F.2d 453, 464 (8th Cir.1985); United States v. Cagnina, 697 F.2d 915, 922 (11th Cir.1983); United States v. Hutcher, 622 F.2d 1083, 1088 (2d Cir.1980); United States v. Baker, 358 F.2d 18, 20 (7th Cir.1966) (“The government has no obligation to transcribe stenographic notes of testimony in a criminal trial just in case some of the witnesses might be later called upon to testify in a related trial”); see also United States v. Clark, 928 F.2d 733, 738 (6th Cir.1991) (untranseribed testimony at detention hearing not “in possession” of government); United States v. Trevino, 556 F.2d 1265,1271 (5th Cir.1977) (presentence report under control of probation officer is not “in possession of the United States” for purposes of the Act).