Filed: May 04, 2016
Latest Update: May 04, 2016
Summary: Opinion and Order CHARLES R. SIMPSON III , Senior District Judge . Petitioner Marvin Dontrail Brookins filed a pro se motion for sentence reduction. See 18 U.S.C. 3582(c)(2). On November 4, 2015, this Court denied the motion, finding that his career offender status determined his original sentence, and his original sentence was not based on a guideline range that the U.S. Sentencing Commission has since lowered. Order Nov. 4, 2015, ECF No. 65. This Court also noted that Brookins recei
Summary: Opinion and Order CHARLES R. SIMPSON III , Senior District Judge . Petitioner Marvin Dontrail Brookins filed a pro se motion for sentence reduction. See 18 U.S.C. 3582(c)(2). On November 4, 2015, this Court denied the motion, finding that his career offender status determined his original sentence, and his original sentence was not based on a guideline range that the U.S. Sentencing Commission has since lowered. Order Nov. 4, 2015, ECF No. 65. This Court also noted that Brookins receiv..
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Opinion and Order
CHARLES R. SIMPSON III, Senior District Judge.
Petitioner Marvin Dontrail Brookins filed a pro se motion for sentence reduction. See 18 U.S.C. § 3582(c)(2). On November 4, 2015, this Court denied the motion, finding that his career offender status determined his original sentence, and his original sentence was not based on a guideline range that the U.S. Sentencing Commission has since lowered. Order Nov. 4, 2015, ECF No. 65. This Court also noted that Brookins received the statutory mandatory minimum sentence, and his sentence was "based on the statutory minimum, not a guideline range." Id.
Brookins moves for leave to proceed on appeal in forma pauperis. This Court previously determined that Brookins was financially unable to obtain an adequate defense in his criminal case. See Fed. R. App. P. 24(a)(3). The Federal Defender's Office represented him throughout his original proceeding and sentence, on direct appeal, and on a recent collateral attack under 28 U.S.C. § 2255.
The same reasons that caused the Court to deny the most recent motion for a sentence reduction also compel the Court to find that an appeal would not be taken in good faith. See Fed. R. App. P. 24(a)(3)(A).
The Court CERTIFIES that the appeal herein is not taken in good faith. See Fed. R. App. P. 24(a)(4)(A). Accordingly, the Court DENIES Brookins' motion for leave to proceed in forma pauperis on appeal. See Fed. R. App. P. 24(a)(4)(B).
The Court ORDERS that within 30 days of service of this Order, Brookins must either (1) pay the $505.00 appellate filing fee to the Clerk of the District Court, or (2) file a motion to proceed in forma pauperis in the United States Court of Appeals for the Sixth Circuit within thirty days of receiving notice of this order. See Fed. R. App. P. 24(a)(5).
If Brookins chooses to pay the full $505.00 appellate filing fee rather than file a motion to proceed on appeal in forma pauperis in the Court of Appeals, payment shall be made payable to Clerk, U.S. District Court and mailed to or made in person at the following address:
United States District Court
Western District of Kentucky
106 Gene Snyder Courthouse
601 West Broadway
Louisville, Kentucky 40202
The Court WARNS Brookins that failure to pay the $505.00 filing fee or to file an application to proceed on appeal in forma pauperis with the United States Court of Appeals for the Sixth Circuit within 30 days may result in dismissal of his appeal.
The Court DIRECTS the Clerk of Court to send a copy of this Order to Brookins and to the United States Court of Appeals for the Sixth Circuit.
