USA v. Reid

UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEW HAMPSHIRE
United States of America
v. Criminal No. 05-cr-057-01-JD
Gordon Reid
SEALED ORDER
Defendant moves for an advance of $300.00 to pay for
telephone charges he anticipates making for calls to his
investigator, expert(s) and witnesses. There is a split in
authority as to whether a pro se defendant is even entitled to
reimbursement of any expenses under 18 U.S.C. § 3006A(d)(1). See
United States v. Feldman, 788 F.2d 625, 626 (9th Cir. 1986)
(permitting reimbursement); United States v. McElhiney, 369 F.3d
1168, 1170 (10th Cir. 2004), cert. denied, 541 U.S. 1055 (2004)
and Green v. United States, 323 F.3d 1100, 1104 (8th Cir. 2003)
(denying reimbursement). While to date this court has followed
Feldman and allowed reimbursement payment of investigation costs,
there is no authority in the CJA for advances. In fact, 31
U.S.C. § 3324(b) appears to prohibit advances of funds except in
situations not applicable here.
Defendant’s motion (document no. 38) is denied. Stand-by
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counsel may seek reimbursement of charges.
SO ORDERED.
____________________________________
James R. Muirhead
United States Magistrate Judge
Date: November 10, 2005
cc: Gordon Reid, pro se
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