United States v. Deberry

• Court: Court of Appeals for the Fifth Circuit
• Decided: December 12, 2025
• Docket: 25-60298
• Status: Unpublished

Opinion

Case: 25-60298 Document: 40-1 Page: 1 Date Filed: 12/12/2025

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit

No. 25-60298 FILED December 12, 2025 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee,

versus

Frederick Demetrius Deberry,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Mississippi USDC No. 1:90-CR-81-1 ______________________________

Before Stewart, Willett, and Wilson, Circuit Judges. Per Curiam: * Frederick Demetrius Deberry, former federal prisoner # 09303-042, moves to proceed in forma pauperis (IFP) on appeal from his 1991 conviction and sentence for kidnapping and interstate transportation of a stolen vehicle. However, Deberry already filed a direct appeal in his criminal case, and we affirmed. United States v. Deberry, No. 91-7112 (5th Cir. June 18, 1992). A

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 25-60298 Document: 40-1 Page: 2 Date Filed: 12/12/2025

No. 25-60298

“criminal defendant is not entitled to two appeals,” United States v. Rodriguez, 821 F.3d 632, 633 (5th Cir. 2016), and “this second appeal is not properly before this Court,” United States v. Arlt, 567 F.2d 1295, 1297 (5th Cir. 1978). Accordingly, we DISMISS this appeal as frivolous. See 5th Cir. R. 42.2; Baugh v. Taylor, 117 F.3d 197, 202 n.24 (5th Cir. 1997). Deberry’s IFP motion is DENIED.