Filed: Jun. 02, 2017
Latest Update: Mar. 03, 2020
Summary: Case: 16-51203 Document: 00514017008 Page: 1 Date Filed: 06/02/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 16-51203 FILED Summary Calendar June 2, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ROSARIO DIVINS, Defendant-Appellant Appeals from the United States District Court for the Western District of Texas USDC No. 5:08-CR-889-1 Before JONES, SMITH, and DENNIS, Circuit Judges. PER CURIAM: * Rosario
Summary: Case: 16-51203 Document: 00514017008 Page: 1 Date Filed: 06/02/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 16-51203 FILED Summary Calendar June 2, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ROSARIO DIVINS, Defendant-Appellant Appeals from the United States District Court for the Western District of Texas USDC No. 5:08-CR-889-1 Before JONES, SMITH, and DENNIS, Circuit Judges. PER CURIAM: * Rosario D..
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Case: 16-51203 Document: 00514017008 Page: 1 Date Filed: 06/02/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 16-51203 FILED
Summary Calendar June 2, 2017
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
ROSARIO DIVINS,
Defendant-Appellant
Appeals from the United States District Court
for the Western District of Texas
USDC No. 5:08-CR-889-1
Before JONES, SMITH, and DENNIS, Circuit Judges.
PER CURIAM: *
Rosario Divins, federal prisoner # 30034-280, seeks leave to proceed in
forma pauperis (IFP) on appeal from the denial of her motion for modification
of sentence. By moving to proceed IFP, Divins is challenging the district court’s
certification decision that her appeal was not taken in good faith because it is
frivolous. See Baugh v. Taylor,
117 F.3d 197, 202 (5th Cir. 1997).
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-51203 Document: 00514017008 Page: 2 Date Filed: 06/02/2017
No. 16-51203
Divins does not address the district court’s reasons for denying her
IFP motion. When an appellant fails to identify any error in the district court’s
analysis, it is the same as if the appellant had not appealed that issue.
Brinkmann v. Dallas Cty. Deputy Sheriff Abner,
813 F.2d 744, 748 (5th Cir.
1987); see also FED. R. APP. P. 28(a)(8). Thus, Divins’s motion to proceed IFP
is DENIED, and her appeal is DISMISSED as frivolous. See
Baugh, 117 F.3d
at 202 n.24; 5TH CIR. R. 42.2.
2