1:05-cr-00057•USA v. Reid
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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 Case 1:05-cr-00057-SM Document 40 Filed 11/10/05 Page 1 of 2
2 counsel may seek reimbursement of charges. SO ORDERED. ____________________________________ James R. Muirhead United States Magistrate Judge Date: November 10, 2005 cc: Gordon Reid, pro se Case 1:05-cr-00057-SM Document 40 Filed 11/10/05 Page 2 of 2
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