After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th Cir.R. 34.1.9. The case is therefore ordered submitted without oral argument.

Petitioner-appellant D.K. Falasha Mansa Musa Amen-Ra, f/k/a Dwayne Keith Jefferson, appeals from the district court's order dismissing his petition for a writ of habeas corpus. Petitioner is currently incarcerated at the United States Disciplinary Barracks, Fort Leavenworth, Kansas, and seeks reversal of his military conviction for felony murder. He claims the government violated his due process rights by suppressing evidence favorable to his defense. See Brady v. Maryland, 373 U.S. 83, 87 (1963). His factual bases for this claim are several crime information reports from national and international investigative agencies indicating that he had been charged by the German police with attempted murder rather than the felony murder of which he was convicted. In dismissing his petition, the district court found this claim to be fanciful and without merit.

We review a district court's dismissal of a habeas corpus petition as frivolous for abuse of discretion. See LaFevers v. Saffle, 936 F.2d 1117, 1118 (10th Cir.1991). The record clearly shows, and petitioner does not dispute, that the victim died immediately after being shot in the head. Given the victim's death, it is apparent that the murder attempt succeeded. Under these circumstances, we cannot understand how reports indicating petitioner may have been charged by the German police with only attempted murder somehow indicate that the government had evidence it withheld showing petitioner did not commit the crime of felony murder as proved in his military trial, or how an initial charge of attempted murder would otherwise be favorable to his defense.

Because we conclude that petitioner has failed to present a reasoned, nonfrivolous argument on the law and facts in support of the issue he raises on appeal, see 28 U.S.C. § 1915(a); Coppedge v. United States, 369 U.S. 438 (1962); Ragan v. Cox, 305 F.2d 58 (10th Cir.1962), we deny his motion to proceed on appeal without prepayment of costs or fees. The appeal is therefore dismissed, and the mandate shall issue forthwith.