UNITED STATES v. FACIO (2018)

Kristopher Ray Facio, federal prisoner # 55400-177, moves for leave to proceed in forma pauperis in this purported appeal of the 480-month sentence imposed following his guilty plea conviction for attempting to coerce or entice a minor into engaging in illegal sexual activity. However, in June 2018, this court dismissed Facio’s direct appeal of his conviction and sentence as frivolous. United States v. Facio, 728 F. App'x 318, 318 (5th Cir. 2018). Facio’s attempt to challenge his sentence for a second time is without merit and thus frivolous. Accordingly, we DENY his motion for leave to proceed in forma pauperis and DISMISS the appeal as frivolous. See 5th Cir. R. 42.2. Facio’s motion for appointment of counsel on appeal is likewise DENIED. Nothing in this opinion impacts Facio’s ability to file a 28 U.S.C. § 2255 motion in the district court.

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PER CURIAM: * FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.