USA v. Dennis Castaneda

Filing

UNPUBLISHED OPINION ORDER FILED.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]

Case: 16-50411

Document: 00513889274

Page: 1

Date Filed: 02/24/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-50411
Summary Calendar

United States Court of Appeals
Fifth Circuit

FILED
February 24, 2017
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
DENNIS CASTANEDA, also known as Gato,
Defendant-Appellant
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
*

Case: 16-50411

Document: 00513889274

Page: 2

Date Filed: 02/24/2017

No. 16-50411
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.
R. 42.2.

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