United States v. Alberto Chavez-Suarez

Opinion

Case: 17-41219 Document: 00514519304 Page: 1 Date Filed: 06/19/2018

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

No. 17-41219 FILED Summary Calendar June 19, 2018 Lyle W. Cayce Clerk

UNITED STATES OF AMERICA,

Plaintiff−Appellee,

versus

ALBERTO CHAVEZ-SUAREZ,

Defendant−Appellant.

Appeals from the United States District Court for the Southern District of Texas No. 7:14-CR-1622-5

Before SMITH, HAYNES, and WILLETT, Circuit Judges. PER CURIAM: *

Alberto Chavez-Suarez, federal prisoner #76245-379, was convicted of

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-41219 Document: 00514519304 Page: 2 Date Filed: 06/19/2018

No. 17-41219

conspiracy to possess with intent to distribute 100 kilograms or more of mari- huana. He seeks to proceed in forma pauperis (“IFP”) on appeal of the denial of his motion for declaratory relief.

The motion for declaratory relief, based upon an immigration statute, 8 U.S.C. § 1228, was a “meaningless, unauthorized motion” over which the dis- trict court lacked jurisdiction. United States v. Early, 27 F.3d 140, 141-42 (5th Cir. 1994). Chavez-Suarez’s appeal is without arguable merit and therefore is frivolous. See Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983). Chavez- Suarez’s 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); 5TH CIR. R. 42.2.