Case: 10-50249 Document: 00511195242 Page: 1 Date Filed: 08/05/2010
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
August 5, 2010
No. 10-50249
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
ROBERT LLOYD DUNLAP, also known as Robert Dunlap,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 6:06-CR-141-1
Before WIENER, PRADO, and OWEN, Circuit Judges.
PER CURIAM:*
Robert Lloyd Dunlap, federal prisoner # 56812-180, seeks leave to proceed
in forma pauperis (IFP) on appeal from the district court’s denial of his motion
to reduce sentence pursuant to 18 U.S.C. § 3553(a). Dunlap also moves for the
appointment of counsel.
In order to obtain leave to proceed IFP, Dunlap must show that he is a
pauper, and he must raise a nonfrivolous issue. See Jackson v. Dallas Police
Dep’t, 811 F.2d 260, 261 (5th Cir. 1986). Dunlap provides only his financial
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 10-50249 Document: 00511195242 Page: 2 Date Filed: 08/05/2010
No. 10-50249
information and does not address whether his appeal will present a nonfrivolous
issue. Dunlap does not even mention the denial of his § 3553(a) motion for lack
of jurisdiction. Dunlap’s appeal is without arguable merit and is thus frivolous.
See Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983).
Accordingly, Dunlap’s request for leave to proceed IFP is DENIED. His
motion for appointment of counsel is also DENIED, and the appeal is
DISMISSED. See 5 TH C IR. R. 42.2.
2