United States v. Bazan

U.S. Court of Appeals for the Fifth Circuit

United States v. Bazan

Opinion

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).

          _____________________
          *
              This opinion is not designated for publication. See 5th Cir. R. 47.5.
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.




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Reference

Status
Unpublished