United States v. Tracy Barnett, No. 10-1523 (8th Cir. 2010)
Annotate this CaseCourt Description: Prisoner case - habeas. District court did not err in denying Barnett's request for an exhibit as the motion was premature.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 10-1523 ___________ United States of America, Appellee, v. Tracy Alan Barnett, Appellant. * * * * Appeal from the United States * District Court for the * Southern District of Iowa. * * [UNPUBLISHED] * ___________ Submitted: August 6, 2010 Filed: August 11, 2010 ___________ Before BYE, BOWMAN, and COLLOTON, Circuit Judges. ___________ PER CURIAM. Tracy Barnett, who is serving a 20-year sentence for child-pornography offenses, appeals the district court s1 order effectively denying his request for a copy of an exhibit used at his sentencing hearing. He argues that he needs the exhibit to prepare a 28 U.S.C. § 2255 motion. Upon careful review, we find no basis for reversal because it is undisputed that Barnett had not filed a section 2255 motion at the time he requested the exhibit. See 1 The Honorable John A. Jarvey, United States District Judge for the Southern District of Iowa. United States v. Losing, 601F.2d 351, 351-53 (8th Cir. 1979) (per curiam) (where appellant filed motion in district court requesting records and transcript from his criminal trial for purpose of eventually filing § 2255 motion, district court denied motion as premature and this court affirmed). We also decline to address Barnett s First Amendment argument. See United States v. Turechek, 138 F.3d 1226, 1229 (8th Cir. 1998) (federal courts have duty to avoid constitutional issues that need not be resolved in order to determine rights of parties in case under consideration). Accordingly, the district court s order is affirmed. See 8th Cir. R. 47B. ______________________________ -22
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