Case Information
*1 Before JONES, SMITH, and DENNIS, Circuit Judges.
PER CURIAM: [*]
Dexter Hewitt, federal prisoner # 83401-180, seeks to proceed in forma *2 Case: 16-50456 Document: 00514020347 Page: 2 Date Filed: 06/05/2017
No. 16-50456
pauperis (“IFP”) on appeal of the denial of his self-styled motion “to recall [the] mandate pursuant to Rule 32(i)(3)(B)” of the Federal Rules of Criminal Proce- dure. By moving to proceed IFP, Hewitt is challenging the district court’s certi- fication that his appeal is not taken in good faith. See Baugh v. Taylor , 117 F.3d 197, 202 (5th Cir. 1997); F ED . R. A PP . P. 24(a)(5).
According to Hewitt, the district court violated Rule 32 and denied him due process by failing to rule on his request for a downward variance at sen- tencing. He also contends that the court erred in determining that he was a career offender under the Sentencing Guidelines. Hewitt does not address the district court’s determination that it lacked authority to grant relief on his motion. Because he does not contest the district court’s reasons for denying the motion and certifying that the appeal was not taken in good faith, he has abandoned any challenge to the certification decision and has failed to show that the appeal raises a nonfrivolous issue. See Brinkmann v. Dallas Cty. Dep- uty Sheriff Abner , 813 F.2d 744, 748 (5th Cir. 1987); Howard v. King , 707 F.2d 215, 220 (5th Cir. 1983).
The motion for leave to proceed IFP is DENIED, and the appeal is DISMISSED as frivolous. See Baugh , 117 F.3d at 202 & n.24; 5 TH C IR . R. 42.2.
2
[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.
