USA v. Michael Collin

Filing

UNPUBLISHED OPINION ORDER FILED. [10-30332 Dismissed as Frivolous] Judge: PEH , Judge: JES , Judge: CH Mandate pull date is 11/16/2010; denying motion to proceed IFP filed by Appellant Mr. Michael Collins [6529008-2] [10-30332]

USA v. Michael Collin ase: 10-30332 C

Document: 00511275467 Page: 1 Date Filed: 10/26/2010

Doc. 0

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 10-30332 S u m m a r y Calendar October 26, 2010 Lyle W. Cayce Clerk

U N IT E D STATES OF AMERICA, P la in t if f -A p p e lle e v. M I C H A E L COLLINS, D e fe n d a n t -A p p e lla n t

A p p e a l from the United States District Court fo r the Eastern District of Louisiana U S D C No. 2:04-CR-323-1

B e fo r e HIGGINBOTHAM, SMITH, and HAYNES, Circuit Judges. P E R CURIAM:* M ic h a e l Collins, federal prisoner # 29123-034, seeks leave to proceed in fo r m a pauperis (IFP) on appeal from the district court's denial of his motion, p u r p o r t e d ly brought pursuant to 18 U.S.C. § 3583(b)(2), to reduce his term of s u p e r v is e d release. By moving for IFP, Collins is challenging the district court's c e r t ific a t io n that his appeal is not taken in good faith. See Baugh v. Taylor, 117 F .3 d 197, 202 (5th Cir. 1997).

Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

*

Dockets.Justia.com

Case: 10-30332 Document: 00511275467 Page: 2 Date Filed: 10/26/2010 No. 10-30332 S e c t io n 3583(b)(2) does not authorize a motion to reduce supervised r e le a s e , and we discern no other valid jurisdictional basis for the motion. Collins is thus appealing "from the denial of a meaningless, unauthorized motion." United States v. Early, 27 F.3d 140, 142 (5th Cir. 1994). Collins has not

d e m o n s t r a t e d that he will raise a nonfrivolous issue on appeal. See Howard v. K in g , 707 F.2d 215, 220 (5th Cir. 1983). Accordingly, Collins' motion to proceed I F P is denied. See Baugh, 117 F.3d at 202 n.24. Because his appeal is frivolous, t h e appeal is dismissed. See 5TH CIR. R. 42.2.

2