USA v. Rosario Divins, No. 16-51203 (5th Cir. 2017)

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Case: 16-51203 Document: 00514017008 Page: 1 Date Filed: 06/02/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-51203 Summary Calendar United States Court of Appeals Fifth Circuit FILED June 2, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ROSARIO DIVINS, Defendant-Appellant Appeals from the United States District Court for the Western District of Texas USDC No. 5:08-CR-889-1 Before JONES, SMITH, and DENNIS, Circuit Judges. PER CURIAM: * Rosario Divins, federal prisoner # 30034-280, seeks leave to proceed in forma pauperis (IFP) on appeal from the denial of her motion for modification of sentence. By moving to proceed IFP, Divins is challenging the district court’s certification decision that her appeal was not taken in good faith because it is frivolous. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-51203 Document: 00514017008 Page: 2 Date Filed: 06/02/2017 No. 16-51203 Divins does not address the district court’s reasons for denying her IFP motion. When an appellant fails to identify any error in the district court’s analysis, it is the same as if the appellant had not appealed that issue. Brinkmann v. Dallas Cty. Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987); see also FED. R. APP. P. 28(a)(8). Thus, Divins’s motion to proceed IFP is DENIED, and her appeal is DISMISSED as frivolous. See Baugh, 117 F.3d at 202 n.24; 5TH CIR. R. 42.2. 2

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