United States v. Collins

• Court: Court of Appeals for the Fifth Circuit
• Decided: October 4, 2002
• Docket: 01-30934
• Status: Unpublished

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-30934 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

RONALD XAVIER COLLINS,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Louisiana USDC No. 00-CV-1786 USDC No. 99-CR-20029-ALL -------------------- October 2, 2002

Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.

PER CURIAM:*

Ronald Xavier Collins, now federal prisoner # 10208-035, was

convicted of being a felon in possession of a firearm. Pending

before the court is an appeal from the denial of Collins’s 28

U.S.C. § 2255 motion. Without deciding the merits of that

appeal, we previously remanded the case to the district court for

consideration of Collins’s FED. R. APP. P. 4(b)(4) motion for

extension of time to file a notice of appeal from the judgment in

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 01-30934 -2-

his criminal case and a determination whether the circumstances

of his case constituted good cause or excusable neglect such that

his motion should be granted. See United States v. Collins, No.

01-30934 (5th Cir. July 1, 2002) (unpublished). On remand, the

district court granted Collins’s motion. In compliance with the

district court’s order, Collins timely filed a notice of appeal

from his criminal judgment. His 28 U.S.C. § 2255 appeal,

therefore, is moot.

APPEAL DISMISSED.