Citation Codes Equivalent Citations citation codes Docket Number Criminal No. C3-97-44. Motions Motion for correction : Denied Judges Rodney Scott Webb See more information ... Smart Summary Please sign up to generate summary. United States of America, Plaintiff, vs. William Jude Hart, Defendant. ORDER RODNEY S. WEBB, Chief Judge. Before the Court is defendant's Motion to Correct Trial Record, (docket # 168). Defendant asserts that the transcript of his trial is inaccurate in that a comment by the Court characterizing defendant's opening statement as a "harangue" is missing. Inclusion in the record of the statement is important to the defendant because one of the grounds for the defendant's appeal is that this Court "was unduly prejudiced against him, as evidenced by certain comments and decisions made in the presence of the jury." The government has provided an affidavit of the Court Reporter by which it is attested that the stenographic notes correspond accurately with the transcripts in this case. The government candidly indicates that co-counsel and staff recall the Court using the word "harangue," although do not recall when the comment was made. The government resists any change to the record in this case suggesting it would be impossible to determine for certain and at what point in the proceedings the comment was made. This motion appears properly before this Court pursuant to Federal Rule of Appellate Procedure 10(e). It is the Court's view that there lacks a sufficient basis to grant the defendant's motion and order a modification of the record. The Court itself has no recollection of its specific choice of words during the trial. Defendant's Motion to Correct Trial Record, (docket # 168), is hereby DENIED. Notwithstanding, in the Court's view the use of the word "harangue" would not have been an inaccurate nor inappropriate response to defendant's comments during opening statement. IT IS SO ORDERED. RODNEY S. WEBB, CHIEF JUDGE UNITED STATES DISTRICT COURT