United States v. Bazan

Case: 22-40549 Document: 00516603483 Page: 1 Date Filed: 01/09/2023

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 22-40549 FILED ____________ January 9, 2023 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Armando Bazan, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Southern District of Texas USDC No. 2:15-CR-975-1 ______________________________ Before Elrod, Graves, and Ho, Circuit Judges.

Per Curiam:* Armando Bazan, federal prisoner # 64509-079, moves for leave to proceed in forma pauperis (IFP) on appeal from the district court’s denial of his motion for compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A)(i). In order to proceed IFP, Bazan must show that he is a pauper and that he will raise a nonfrivolous appellate issue. Carson v. Polley, 689 F.2d 562, 586 (5th Cir. 1982); see 28 U.S.C. § 1915(a)(1).

Case: 22-40549 Document: 00516603483 Page: 2 Date Filed: 01/09/2023 No. 22-40549

A review of Bazan’s financial documentation reveals that he is not financially eligible for IFP status. See Adkins v. E.I. Du Pont de Nemours & Co., 335 U.S. 331, 339-40 (1948). Accordingly, his motion for leave to proceed IFP is DENIED. Bazan is ORDERED to pay the clerk of the district court the full appellate filing fee of $505 within 30 days of the date of this order. The clerk of this court shall dismiss the appeal for want of prosecution if Bazan does not comply with this order.