IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-30446
No. 96-30447
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GERALD A. ELWOOD; MARLO HELMSTETTER,
Defendant-Appellee.
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Appeals from the United States District Court
for the Eastern District of Louisiana
USDC No. CR-92-469-D
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September 10, 1996
Before SMITH, DUHE’ and BARKSDALE, Circuit Judges.
PER CURIAM:*
Gerald Elwood (#22424-034) and Marlo Helmstetter (#23245-
034) have filed motions to proceed in forma pauperis (IFP) in the
appeals of the denial of their motions for a new trial. They
argue that they have procured a medical report which is “newly
discovered” evidence. They have not identified any abuse of
discretion in the district court’s denial of their motions. See
United States v. Jaramillo, 42 F.3d 920, 924 (5th Cir.), cert.
denied, 115 S. Ct. 2014 (1995). Their appeals fail to present a
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
No. 96-30446
96-30447
-2-
nonfrivolous issue; their motions for IFP are denied. See Carson
v. Polly, 689 F.2d 562, 586 (5th Cir. 1982). Their appeals are
DISMISSED as frivolous. 5th Cir. R. 42.2.3.