United States v. Brown ( 2021 )

Case: 21-10208 Document: 00515961004 Page: 1 Date Filed: 08/02/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
August 2, 2021
No. 21-10208 Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Ronnie Mikel Brown,
Defendant—Appellant.
Appeal from the United States District Court
for the Northern District of Texas
No. 3:14-CR-367-39
Before Smith, Higginson, and Willett, Circuit Judges.
Per Curiam:*
Ronnie Brown pleaded guilty of possessing with intent to distribute
methamphetamine and aiding and abetting. He purports to have filed a sec-
ond direct appeal seeking to challenge the district court’s drug quantity cal-
culation at sentencing, and he moves for appointment of substitute counsel,
or, in the alternative, leave to proceed pro se.
*
Pursuant to 5th Circuit Rule 47.5, the court has determined that this opin-
ion should not be published and is not precedent except under the limited circumstances
set forth in 5th Circuit Rule 47.5.4.
Case: 21-10208 Document: 00515961004 Page: 2 Date Filed: 08/02/2021
No. 21-10208
An indigent criminal defendant in a felony case must be provided
counsel on direct appeal as of right. United States v. Palomo, 80 F.3d 138, 141
(5th Cir. 1996); 18 U.S.C. § 3006A(a)(1)(A), (c). But Brown has already filed
a direct appeal from his conviction and sentence, which was dismissed on the
government’s motion. See United States v. Brown, No. 16-11148 (5th Cir.
Jan. 9, 2017). A defendant “is not entitled to two appeals,” and a second
appeal from the same conviction is “not properly before this Court.” United
States v. Arlt, 567 F.2d 1295, 1297 (5th Cir. 1978); accord United States v.
Rodriguez, 821 F.3d 632, 633 (5th Cir. 2016).
Accordingly, the second appeal is DISMISSED as frivolous. See
5th Cir. R. 42.2. Brown’s motion for appointment of substitute counsel
and his alternative motion for leave to proceed pro se are DENIED.
2