USA v. Michael Collin, No. 10-30332 (5th Cir. 2010)

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Case: 10-30332 Document: 00511275467 Page: 1 Date Filed: 10/26/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 10-30332 Summary Calendar October 26, 2010 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. MICHAEL COLLINS, Defendant-Appellant Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:04-CR-323-1 Before HIGGINBOTHAM, SMITH, and HAYNES, Circuit Judges. PER CURIAM:* Michael Collins, federal prisoner # 29123-034, seeks leave to proceed in forma pauperis (IFP) on appeal from the district court s denial of his motion, purportedly brought pursuant to 18 U.S.C. § 3583(b)(2), to reduce his term of supervised release. By moving for IFP, Collins is challenging the district court s certification that his appeal is not taken in good faith. See Baugh v. Taylor, 117 F.3d 197, 202 (5th Cir. 1997). * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 10-30332 Document: 00511275467 Page: 2 Date Filed: 10/26/2010 No. 10-30332 Section 3583(b)(2) does not authorize a motion to reduce supervised release, and we discern no other valid jurisdictional basis for the motion. Collins is thus appealing from the denial of a meaningless, unauthorized motion. United States v. Early, 27 F.3d 140, 142 (5th Cir. 1994). Collins has not demonstrated that he will raise a nonfrivolous issue on appeal. See Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983). Accordingly, Collins motion to proceed IFP is denied. See Baugh, 117 F.3d at 202 n.24. Because his appeal is frivolous, the appeal is dismissed. See 5 TH C IR. R. 42.2. 2

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