United States v. Gilmore

• Court: Court of Appeals for the Fifth Circuit
• Decided: July 19, 2021
• Docket: 21-10095
• Status: Unpublished

Opinion

Case: 21-10095 Document: 00515942565 Page: 1 Date Filed: 07/19/2021

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

FILED July 19, 2021 No. 21-10095 Lyle W. Cayce Summary Calendar Clerk

United States of America,

Plaintiff—Appellee,

versus

David Belvin Gilmore,

Defendant—Appellant.

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:14-CR-83-1

Before Stewart, Haynes, and Ho, Circuit Judges. Per Curiam:* David Belvin Gilmore, federal prisoner # 30415-177, has filed a notice of appeal and a motion for appointment of counsel. The notice of appeal did not designate the judgment or order being appealed as required by Federal Rule of Appellate Procedure 3(c)(1)(B). The district court’s docket sheet

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 21-10095 Document: 00515942565 Page: 2 Date Filed: 07/19/2021

No. 21-10095

reflects that there were no orders or judgments from which Gilmore could have appealed at the time the notice of appeal was filed. In 2015, this court affirmed Gilmore’s conviction and sentence. See United States v. Gilmore, 613 F. App’x 436, 436-37 (5th Cir. 2015). To the extent that Gilmore is attempting to appeal his conviction and sentence a second time, his appeal is without merit and thus frivolous. Accordingly, we DISMISS the appeal as frivolous. See 5th Cir. R. 42.2. Gilmore’s motion for appointment of counsel is DENIED.