United States v. Coppin

Case: 21-10650 Document: 00516251131 Page: 1 Date Filed: 03/23/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED March 23, 2022 No. 21-10650 Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee, versus

Moses Coppin,

Defendant—Appellant.

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:21-CV-916

USDC No. 3:10-CR-345-1

Before Southwick, Graves, and Costa, Circuit Judges.

Per Curiam:*

Moses Coppin, federal prisoner # 38660-177, was convicted of aiding and abetting obstruction of justice through evidence concealment and possession of a firearm by a convicted felon. He moves for a certificate of appealability (COA) to appeal the transfer of his Federal Rule of Criminal Case: 21-10650 Document: 00516251131 Page: 2 Date Filed: 03/23/2022

No. 21-10650

Procedure 36 motion to this court as an unauthorized successive 28 U.S.C. § 2255 motion.

Because Coppin challenges his conviction under 18 U.S.C. § 1512(c)(1) on grounds that he raised in his first § 2255 motion, the district court correctly construed and transferred the motion. See 28 U.S.C. § 2244(b)(1); In re Bourgeois, 902 F.3d 446, 447 (5th Cir. 2018). The motion for a COA is DENIED as unnecessary, and the transfer order is AFFIRMED. See United States v. Fulton, 780 F.3d 683, 688-89 (5th Cir. 2015). Coppin’s motion for leave to proceed in forma pauperis is DENIED.