United States v. Collins

* 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that this opinion should not be published and is not precedent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. 01-30934
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RONALD XAVIER COLLINS,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 00-CV-1786
USDC No. 99-CR-20029-ALL
--------------------
October 2, 2002
Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM:*
Ronald Xavier Collins, now federal prisoner # 10208-035, was
convicted of being a felon in possession of a firearm. Pending
before the court is an appeal from the denial of Collins’s 28
U.S.C. § 2255 motion. Without deciding the merits of that
appeal, we previously remanded the case to the district court for
consideration of Collins’s FED. R. APP. P. 4(b)(4) motion for
extension of time to file a notice of appeal from the judgment in

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No. 01-30934
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his criminal case and a determination whether the circumstances
of his case constituted good cause or excusable neglect such that
his motion should be granted. See United States v. Collins, No.
01-30934 (5th Cir. July 1, 2002) (unpublished). On remand, the
district court granted Collins’s motion. In compliance with the
district court’s order, Collins timely filed a notice of appeal
from his criminal judgment. His 28 U.S.C. § 2255 appeal,
therefore, is moot.
APPEAL DISMISSED.

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