IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-50457
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BERNARDO MCGUIRE,
Defendant-Appellant.
______________________________________________
Appeal from the United States District Court for the
Western District of Texas
(EP-96-CA-203)
______________________________________________
December 20, 1996
Before HIGGINBOTHAM, WIENER, and BENAVIDES, Circuit Judges.
PER CURIAM:*
IT IS ORDERED that (#56903-080) Bernardo McGuire’s motion for
leave to proceed in forma pauperis (IFP) is DENIED, because his
appeal lacks arguable merit and is therefore frivolous. See Howard
v. King, 707 F.2d 215, 219-20 (5th Cir. 1983). The district court
*
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that this opinion should not be published and is not precedent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.
1
did not err by holding that McGuire cannot attack a final judgment
of property forfeiture via a 28 U.S.C. § 2255 motion to vacate
sentence.1 Because the appeal is frivolous, IT IS FURTHER ORDERED
that the appeal is DISMISSED. See 5th Cir. R. 42.2.
IFP DENIED; APPEAL DISMISSED.
1
McGuire’s motion for certificate of appealability is
DISMISSED as unnecessary, and his “motion for judgment” is
DENIED.
2