United States v. Green
United States v. Green
Opinion
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 99-60409 Conference Calendar
UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ROY GREEN, Defendant-Appellant.
-------------------- Appeal from the United States District Court for the Northern District of Mississippi USDC No.4:93-CR-133-B-O -------------------- June 15, 2000 Before JOLLY, DAVIS, and DUHÉ, Circuit Judges.
PER CURIAM:* Roy Green, federal prisoner # 09940-042, has filed a motion to proceed in forma pauperis (IFP) in the appeal of the denial of his motion to correct his sentence, brought pursuant to 18 U.S.C. § 3742(a). That statute does not authorize a postconviction motion challenging conviction and sentence. Green has failed to raise any nonfrivolous issues for appeal. See United States v. Boutwell, 896 F.2d 884, 889-90 (5th Cir. 1990)(one-judge order).
Accordingly, his motion to proceed IFP on appeal is DENIED.
* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
No. 99-60409 -2- Because Green’s appeal is frivolous, it is DISMISSED. See 5TH CIR. R. 42.2.
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