United States v. Arrasmith

Opinion

CORRECTED

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-40095 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

MARTIN DENNIS ARRASMITH,

Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. C-76-CR-152-1 - - - - - - - - - - July 6, 1998 Before JONES, SMITH and BARKSDALE, Circuit Judges.

PER CURIAM:*

Martin D. Arrasmith, federal prisoner #60757-080, seeks

leave to proceed in forma pauperis (IFP) from the denial of his

motion seeking coram nobis relief from his 1976 federal drug

conviction. Arrasmith contends solely that the federal courts

lack jurisdiction over drug offenses that occur within the

states. Arrasmith’s contention is frivolous; his motion for

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. -2-

leave to proceed IFP is DENIED. See Howard v. King, 707 F.2d

215, 220 (5th Cir. 1983).

APPEAL DISMISSED. 5TH CIR. R. 42.2.