IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 95-40570 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus PETER GERALD WAHL, Defendant-Appellant.

Appeal from the United States District Court for the Eastern District of Texas (95-CV-60)

January 16, 1996 Before HIGGINBOTHAM, DUHE’, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:* Peter Gerald Wahl requests permission to proceed in forma pauperis in his appeal of the district court's denial of his motion under 28 U.S.C. § 2255. The motion is DENIED. Wahl's appeal presents no nonfrivolous issue for appeal. The appeal is DISMISSED. See 5th Cir. R. 42.2.

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.