IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
__________________
No. 95-50571
Conference Calendar
__________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
PATRICK RHYNES,
Defendant-Appellant.
- - - - - - - - - -
Appeal from the United States District Court
for the Western District of Texas
USDC No. W-95-CA-102
- - - - - - - - - -
April 19, 1996
Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges.
PER CURIAM:*
Patrick Rhynes has moved to proceed in forma pauperis
("IFP") on appeal from the district court's denial of his motion
to vacate his sentence, filed pursuant to 28 U.S.C. § 2255.
Rhynes argued that police officers violated his Fourth Amendment
rights in seizing evidence that was used to convict him and that
the district court erred in enhancing his base offense level
under the Sentencing Guidelines because of his role as an
organizer in the offense. We have reviewed the record and the
*
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that this opinion should not be published and is not precedent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. 95-50571
-2-
district court's opinion and perceive no nonfrivolous issue for
appeal. See Carson v. Polley, 689 F.2d 562, 586 (5th Cir. 1982).
Rhynes' motion to proceed IFP on appeal is DENIED and his
appeal is DISMISSED AS FRIVOLOUS. 5th Cir. R. 42.2.