United States v. Gonzalez-Longoria

* 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-50951
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE LEON GONZALEZ-LONGORIA, also known as Juan Vela,
also known as Alfred Martinez,
Defendant-Appellant.
- - - - - - - - - -
Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-92-CR-65-1
- - - - - - - - - -
June 19, 2002
Before HIGGINBOTHAM, DAVIS, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Jose Leon Gonzalez-Longoria, federal prisoner #59761-079,
has filed a motion for leave to proceed in forma pauperis (“IFP”)
on appeal. Our review of the record and pleadings indicates that
Gonzalez-Longoria’s appeal from the denial of his motion for
modification of an imposed sentence lacks arguable merit, and the
district court did not err in finding that the instant appeal was
not taken in good faith. See Howard v. King, 707 F.2d 215,

-- 1 of 2 --

No. 01-50951
-2-
219-20 (5th Cir. 1983); see also 28 U.S.C. § 1915(a)(3).
Accordingly, Gonzalez-Longoria’s motion for leave to proceed IFP
on appeal is DENIED, and his appeal is DISMISSED as frivolous.
See 5TH CIR. R. 42.2.
IFP MOTION DENIED; APPEAL DISMISSED AS FRIVOLOUS.

-- 2 of 2 --