United States v. Todd Ricks , 428 F. App'x 454 ( 2011 )

Case: 10-51004 Document: 00511510656 Page: 1 Date Filed: 06/16/2011
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
June 16, 2011
No. 10-51004
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
TODD RICKS,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 1:06-CR-206-1
Before JOLLY, GARZA and STEWART, Circuit Judges.
PER CURIAM:*
Todd Ricks is serving a 300-month sentence for three drug and firearm
crimes. He has moved this court for leave to appeal in forma pauperis and for
appointment of counsel as he seeks to appeal the district court’s denial of two
motions. In one motion, Ricks contended that a hung jury in a 2007 mistrial
equated to an acquittal and that he was entitled to a nunc pro tunc order of
acquittal. In the other motion, Ricks sought a formal written ruling that his
motion for acquittal during the 2007 mistrial had been denied.
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 10-51004 Document: 00511510656 Page: 2 Date Filed: 06/16/2011
No. 10-51004
The motions filed by Ricks in the district court were meaningless,
unauthorized, and without any jurisdictional basis. See United States v. Early,
27 F.3d 140, 142 (5th Cir. 1994) (addressing “a meaningless, unauthorized
motion” that lacked any jurisdictional basis). Ricks has failed to show that his
appeal from the denial of these frivolous motions involves “legal points arguable
on their merits (and therefore not frivolous).” Howard v. King, 707 F.2d 215, 220
(5th Cir.1983) (internal quotation marks omitted). The appeal is DISMISSED
as frivolous, and Ricks’s motions are DENIED. See Baugh v. Taylor, 117 F.3d
197, 202 & n.24 (5th Cir. 1997); 5 TH C IR. R ULE 42.2.
2