UNITED STATES DISTRICT COURT
________________ DISTRICT OF TEXAS
________________ DIVISION

UNITED STATES OF AMERICA 	§
                                                      §						
v.	                                                            §	NO. [NUMBER]
                                                                        §
[CLIENT]	                                                §

MOTION TO PROCEED ON APPEAL
IN FORMA PAUPERIS

	COMES NOW, the defendant, [CLIENT], by and through [CLIENT HIS/HER] attorney, [ATTORNEY], and respectfully requests that an order be entered by this Honorable Court allowing the defendant to proceed on appeal in forma pauperis and in support hereof would show the Court the following:
I.
	Although [CLIENT] was originally found eligible for the appointment of counsel, --he/she-- scraped together the funds to retain [ATTORNEY] to represent --him/her-- at trial.
II.
	On --(DATE)--, [CLIENT] was convicted of [OFFENSE] and sentenced to serve --(SENTENCE)--.
III.
	Timely notice of appeal was filed on --(DATE)--.
IV.
	Where, as here, the government has provided a right of appeal, the constitutional guarantees of equal protection and due process of law require that an indigent defendant be provided "as adequate appellate review as defendants who have money enough to buy transcripts."  Griffin v. Illinois, 351 U.S. 12, 19 (1956)(plurality opinion).  The fact that family members have agreed to retain counsel does not change the defendant's eligibility for a free transcript as long as she personally has no control over assets sufficient to obtain a transcript.  Fullan v. Commissioner of Corrections of State of New York, 891 F.2d 1007 (2d Cir. 1989), cert. denied, 110 S.Ct. 3229 (1990); cf. United States v. Bursey, 515 F.2d 1228, 1235-39 (5th Cir. 1975)(holding that willingness of others to post bond does not signify availability of funds to retain counsel); see also ABA Standards for Criminal Justice, § 6-6.1.
V.
	[CLIENT] is a pauper and cannot afford the costs attendant to preparation of the record for appellate purposes.  Attached to the present motion is the defendant's Affidavit in Support of Motion to Proceed on Appeal in Forma Pauperis. [CLIENT]'s relatives have had to borrow funds to retain appellate counsel and there are no additional funds available to pay for the costs of the appeal.
	WHEREFORE, PREMISES CONSIDERED, the defendant respectfully requests that an order be entered granting the aforementioned request.			

						Respectfully submitted,

						BY: __________________________
						Name
						State Bar No. [BAR NUMBER]
						Address
						City, State, Zip
						Telephone 
						Attorney for Defendant

CERTIFICATE OF SERVICE

	I, _________________, certify that on the        day of [MONTH, YEAR], a copy of this Motion to Proceed on Appeal in Forma Pauperis was hand-delivered to the United States Attorney's office at __________________________________.

						                                                    								Attorney for Defendant

UNITED STATES DISTRICT COURT
_______________  DISTRICT OF TEXAS
________________  DIVISION

UNITED STATES OF AMERICA 	     §
§
v.	                                                                 §	NO. [NUMBER]
§
[CLIENT]	                                                     §

ORDER

	Having considered the motion of the defendant, [CLIENT], to proceed on appeal in forma pauperis, and having determined that  is financially unable to afford the costs attendant to the appeal, it is hereby
	ORDERED
	1) that the motion is GRANTED; and
	2) that [CLIENT] shall be permitted to proceed on appeal in forma pauperis.

	SIGNED on the ____ day of _________, 20__.

							________________________________
							UNITED STATES DISTRICT JUDGE