Order Clarifying PageID Number Difference on Transcripts — United States v. Brian Saulsberry (Document 133)

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Order Clarifying PageID Number Difference on Transcripts from the Hearing on Motion to Withdraw and Directing Saulsberry to Refile a Corrected Proposed Findings of Fact and Conclusions of Law, Document 133, filed May 10, 2024 in United States v. Brian Saulsberry, No. 2:22-cr-20113-SHL, U.S. District Court, Western District of Tennessee. The order addresses a notice (ECF No. 132) that two identical transcripts carry different PageID numbers, explaining that the replaced transcript at ECF No. 126 now carries PageID 690-883. It directs the defendant to resubmit proposed findings referencing those numbers within seven days. It closes with s/ Sheryl H. Lipman, Chief United States District Judge.

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 Case 2:22-cr-20113-SHL Document 133 Filed 05/10/24 Page 1 of 2                      PageID 989




                      IN THE UNITED STATES DISTRICT COURT
                     FOR THE WESTERN DISTRICT OF TENNESSEE
                                WESTERN DIVISION

 UNITED STATES OF AMERICA,                        )
        Plaintiff,                                )
                                                  )
 v.                                               )            No. 2:22-cr-20113-SHL
                                                  )
 BRIAN SAULSBERRY,                                )
        Defendant.                                )


              ORDER CLARIFYING PAGEID NUMBER DIFFERENCE ON
          TRANSCRIPTS FROM THE HEARING ON MOTION TO WITHDRAW
             AND DIRECTING SAULSBERRY TO REFILE A CORRECTED
            PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW


       Before the Court is Defendant Brian Saulsberry’s Notice That There Are Two Identical

Transcripts with Different “PageID” Numbers, filed May 3, 2024. (ECF No. 132.) Saulsberry

points out that a transcript of the evidentiary hearing for the motion to withdraw guilty plea held

on Wednesday, March 6 was uploaded onto CM/ECF on March 12, 2024. (Id. at PageID 986.)

This first transcript had PageID numbers ranging from PageID 496–689 and was referenced by

Saulsberry in his Proposed Findings of Fact and Conclusions of Law in Support of [Saulsberry’s]

Motion to Withdraw His Guilty Plea. (ECF No. 129.) However, that transcript stated that

March 6 was a Tuesday on PageID 496 & 499 when, in fact, March 6 was a Wednesday.

       The “Tuesday” PageID 496–689 transcript was uploaded onto the docket at 5:39 p.m. on

March 12 at ECF No. 126. Five minutes later, when the error was noticed by the court reporter,

an identical transcript, save for the Tuesday-Wednesday change, was sent to the Clerk’s Office to

replace the first one. (See ECF No. 126.) When the transcript was replaced the next morning at

8:59 a.m., the old PageID numbers (PageID 496–689) vanished; the new PageID numbers were

PageID 690–883. (Id.)
 Case 2:22-cr-20113-SHL Document 133 Filed 05/10/24 Page 2 of 2                     PageID 990




       Out of an abundance of caution, the Court ran a report that compared the content of the

two transcripts. The only difference between the two, as previously mentioned, was the

“Tuesday” to “Wednesday” swap at three different points on the first four pages of the transcript.

But, while the content of the transcripts is the same, Saulsberry’s proposed findings of fact and

conclusions of law references PageID numbers that are no longer on the docket.

       In its upcoming order on the motion to withdraw, the Court will reference the PageID

numbers from ECF No. 126 (PageID 690–883). Therefore, Saulsberry is DIRECTED to

resubmit his proposed findings of fact and conclusions of law referencing the current version of

ECF No. 126 with PageID 690–883 within seven days of the entry of this Order.

       IT IS SO ORDERED, this 10th day of May, 2024.

                                             s/ Sheryl H. Lipman
                                             SHERYL H. LIPMAN
                                             CHIEF UNITED STATES DISTRICT JUDGE


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