United States v. Millsaps

Case: 24-30632 Document: 35-1 Page: 1 Date Filed: 01/23/2025

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________

FILED January 23, 2025 No. 24-30632 ____________ Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee, versus

Terrence Millsaps,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:95-CR-377-1 ______________________________

Before Jones, Graves, and Duncan, Circuit Judges.

Per Curiam:*

Terrence Millsaps, federal prisoner # 83445-012, moves to dismiss his appeal from the district court’s denial of his 18 U.S.C. § 3582(c)(2) motion for a sentence reduction. Although he nominally requests to withdraw his appeal without prejudice, Millsaps has not requested a stay, and, therefore, he is not entitled to such a dismissal. See 5th Cir. R. 42.4. Moreover, Millsaps has offered no explanation as to why his appeal in this proceeding Case: 24-30632 Document: 35-1 Page: 2 Date Filed: 01/23/2025

No. 24-30632 should be dismissed without prejudice. Thus, we construe the instant motion as requesting the voluntary dismissal of the appeal with prejudice.

Accordingly, IT IS ORDERED that the motion, as construed, is GRANTED. See Fed. R. App. P. 42(b); 5th Cir. R. 42.1. The appeal is DISMISSED.