USA v. Robert Dunlap, No. 10-50249 (5th Cir. 2010)

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Case: 10-50249 Document: 00511195242 Page: 1 Date Filed: 08/05/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 10-50249 Summary Calendar August 5, 2010 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ROBERT LLOYD DUNLAP, also known as Robert Dunlap, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 6:06-CR-141-1 Before WIENER, PRADO, and OWEN, Circuit Judges. PER CURIAM:* Robert Lloyd Dunlap, federal prisoner # 56812-180, seeks leave to proceed in forma pauperis (IFP) on appeal from the district court s denial of his motion to reduce sentence pursuant to 18 U.S.C. § 3553(a). Dunlap also moves for the appointment of counsel. In order to obtain leave to proceed IFP, Dunlap must show that he is a pauper, and he must raise a nonfrivolous issue. See Jackson v. Dallas Police Dep t, 811 F.2d 260, 261 (5th Cir. 1986). Dunlap provides only his financial * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. Case: 10-50249 Document: 00511195242 Page: 2 No. 10-50249 Date Filed: 08/05/2010 information and does not address whether his appeal will present a nonfrivolous issue. Dunlap does not even mention the denial of his § 3553(a) motion for lack of jurisdiction. Dunlap s appeal is without arguable merit and is thus frivolous. See Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983). Accordingly, Dunlap s request for leave to proceed IFP is DENIED. His motion for appointment of counsel is also DENIED, and the appeal is DISMISSED. See 5 TH C IR. R. 42.2. 2

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