USA v. Jimmy Nixon


UNPUBLISHED OPINION ORDER FILED. [10-30724 Dismissed as Frivolous] Judge: WED , Judge: JES , Judge: LHS. Mandate pull date is 07/01/2011; denying motion to proceed IFP filed by Appellant Mr. Jimmy Nixon [6745933-2] [10-30724]

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Case: 10-30724 Document: 00511505364 Page: 1 Date Filed: 06/10/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 10-30724 Summary Calendar June 10, 2011 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JIMMY NIXON, Defendant-Appellant. Appeal from the United States District Court for the Middle District of Louisiana USDC No. 3:96-CR-105-1 Before DAVIS, SMITH, and SOUTHWICK, Circuit Judges. PER CURIAM:* Jimmy Nixon, federal prisoner # 12863-116, moves to proceed in forma pauperis (“IFP”) in this appeal of the denial of his motion for a sentencing reduc* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. Case: 10-30724 Document: 00511505364 Page: 2 Date Filed: 06/10/2011 No. 10-30724 tion under 18 U.S.C. § 3582(c)(2), which authorizes a reduction “in the case of a defendant who has been sentenced to a term of imprisonment based on a sentencing range that has subsequently been lowered by the Sentencing Commission.” § 3582(c)(2); Dillon v. United States, 130 S. Ct. 2683, 2691 (2010). Nixon has not shown, in the district court or on appeal, that he is eligible for a § 3582(c)(2) reduction based on an amendment to the Sentencing Guidelines because of his assertion that his military service was not taken into account at sentencing. Nixon has not shown that the denial of his motion presents a nonfrivolous issue for appeal. Accordingly, his motion to proceed IFP is denied, and the appeal is dismissed. 5 TH C IR. R. 42.2. 2

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