USA v. Dennis Castaneda
UNPUBLISHED OPINION ORDER FILED. [16-50411 Dismissed as Frivolous] Judge: PRO, Judge: JWE, Judge: GJC. Mandate pull date is 03/17/2017; denying motion to proceed IFP filed by Appellant Mr. Dennis Castaneda [8281955-2] [16-50411]
Date Filed: 02/24/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
February 24, 2017
Lyle W. Cayce
UNITED STATES OF AMERICA,
DENNIS CASTANEDA, also known as Gato,
Appeal from the United States District Court
for the Western District of Texas
USDC No. 6:94-CR-97-1
Before OWEN, ELROD, and COSTA, Circuit Judges.
PER CURIAM: *
Dennis Castaneda, former federal prisoner # 66402-079, moves this court
for leave to proceed in forma pauperis (IFP) following the district court’s denial
of his motion to terminate restitution under 18 U.S.C. § 3613(b). We construe
Castaneda’s motion as a challenge to the district court’s determination that his
appeal is not taken in good faith. See Robinson v. United States, 812 F.3d 476,
476 (5th Cir. 2016) (citing Baugh v. Taylor, 117 F.3d 197, 202 (5th Cir. 1997)).
Our inquiry is “limited to whether the appeal involves legal points arguable on
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Date Filed: 02/24/2017
their merits (and therefore not frivolous).” Robinson, 812 F.3d at 476 (internal
quotation marks and citation omitted).
As noted by the district court “liability to pay restitution shall terminate
on the date that is the later of 20 years from the entry of judgment or 20 years
after the release from imprisonment of the person ordered to pay restitution.”
§ 3613(b) (emphasis added). Castaneda’s argument that his liability to pay
restitution terminated 20 years from the entry of judgment is thus patently
without merit. See § 3613(b). Accordingly, IT IS ORDERED that Castaneda’s
motion to proceed IFP on appeal is DENIED, and that the appeal is
DISMISSED as frivolous. See Baugh, 117 F.3d at 202 n.24; see also 5TH CIR.
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