USA vs. Powell, (5th Cir. 2009)
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
January 27, 2009
No. 08-10499
Summary Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
OWEN DONOVAN POWELL
Defendant-Appellant
Appeals from the United States District Court
for the Northern District of Texas
USDC No. 3:07-CR-56-ALL
Before KING, DENNIS, and OWEN, Circuit Judges.
PER CURIAM:* Owen Donovan Powell seeks leave to appeal in forma pauperis (IFP) on appeal and moves for the appointment of counsel. Powell has failed to raise any nonfrivolous issues for appeal. See United States v. Boutwell, 896 F.2d 884, 889- 90 (5th Cir. 1990) (one-judge order). Powell has presented no arguable legal points for his claim that the district court erroneously determined that his prior Texas conviction was a "drug trafficking offense" that warranted a 16-level enhancement under § 2L1.2. See United States v. Ford, 509 F.3d 714, 715-17 (5th Cir. 2007). Accordingly, Powell's motion to proceed IFP on appeal is DENIED, and the appeal is DISMISSED. See 5TH CIR. R. 42.2. Powell's motion for appointment of counsel is DENIED as unnecessary. See 5TH CIR. PLAN UNDER THE CRIMINAL JUSTICE ACT, § 2.
* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
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