United States v. Bazan ( 2023 )

Case: 22-40549 Document: 00516603483 Page: 1 Date Filed: 01/09/2023
United States Court of Appeals
for the Fifth Circuit
____________ United States Court of Appeals
Fifth Circuit
No. 22-40549 FILED
____________ January 9, 2023
Lyle W. Cayce
United States of America, Clerk
Plaintiff—Appellee,
versus
Armando Bazan,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:15-CR-975-1
______________________________
Before Elrod, Graves, and Ho, Circuit Judges.
Per Curiam:*
Armando Bazan, federal prisoner # 64509-079, moves for leave to
proceed in forma pauperis (IFP) on appeal from the district court’s denial of
his motion for compassionate release pursuant to 18 U.S.C.
§ 3582(c)(1)(A)(i). In order to proceed IFP, Bazan must show that he is a
pauper and that he will raise a nonfrivolous appellate issue. Carson v. Polley,
689 F.2d 562, 586 (5th Cir. 1982); see 28 U.S.C. § 1915(a)(1).
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-40549 Document: 00516603483 Page: 2 Date Filed: 01/09/2023
No. 22-40549
A review of Bazan’s financial documentation reveals that he is not
financially eligible for IFP status. See Adkins v. E.I. Du Pont de Nemours &
Co., 335 U.S. 331, 339-40 (1948). Accordingly, his motion for leave to
proceed IFP is DENIED. Bazan is ORDERED to pay the clerk of the
district court the full appellate filing fee of $505 within 30 days of the date of
this order. The clerk of this court shall dismiss the appeal for want of
prosecution if Bazan does not comply with this order.
2