Case: 21-50601 Document: 00516309051 Page: 1 Date Filed: 05/05/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
May 5, 2022
No. 21-50601 Lyle W. Cayce
Summary Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Garry David Gallardo,
Defendant—Appellant.
Appeal from the United States District Court
for the Western District of Texas
USDC No. 5:06-CR-133-1
Before Elrod, Oldham, and Wilson, Circuit Judges.
Per Curiam:*
Garry David Gallardo, federal prisoner # 41571-080, seeks leave to
proceed in forma pauperis (IFP) on appeal from the denial of his 18 U.S.C.
§ 3582(c)(1)(A) motion for compassionate release, arguing that he is
financially eligible and that the district court erred in denying compassionate
*
Pursuant to 5th Circuit 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opinion should not be published and is not precedent except under the limited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 5th Circuit Rule 47.5.4.
Case: 21-50601 Document: 00516309051 Page: 2 Date Filed: 05/05/2022
No. 21-50601
release because his convictions are invalid as the trial court lacked subject
matter jurisdiction. Because Gallardo fails to demonstrate a nonfrivolous
issue for appeal, the motion to proceed IFP is DENIED, and the appeal is
DISMISSED as frivolous. See Baugh v. Taylor, 117 F.3d 197, 202 & n.24
(5th Cir. 1997); Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983); 5TH CIR.
R. 42.2.
2