USA v. Gallardo, No. 21-50601 (5th Cir. 2022)

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Case: 21-50601 Document: 00516309051 Page: 1 Date Filed: 05/05/2022 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED May 5, 2022 No. 21-50601 Summary Calendar Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Garry David Gallardo, Defendant—Appellant. Appeal from the United States District Court for the Western District of Texas USDC No. 5:06-CR-133-1 Before Elrod, Oldham, and Wilson, Circuit Judges. Per Curiam:* Garry David Gallardo, federal prisoner # 41571-080, seeks leave to proceed in forma pauperis (IFP) on appeal from the denial of his 18 U.S.C. § 3582(c)(1)(A) motion for compassionate release, arguing that he is financially eligible and that the district court erred in denying compassionate * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 21-50601 Document: 00516309051 Page: 2 Date Filed: 05/05/2022 No. 21-50601 release because his convictions are invalid as the trial court lacked subject matter jurisdiction. Because Gallardo fails to demonstrate a nonfrivolous issue for appeal, the motion to proceed IFP is DENIED, and the appeal is DISMISSED as frivolous. See Baugh v. Taylor, 117 F.3d 197, 202 & n.24 (5th Cir. 1997); Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983); 5TH CIR. R. 42.2. 2

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