Opinion
Criminal No. 02-101 (JRT/FLN).
July 2, 2003.
Andrew S. Dunne, Assistant United States Attorney, Office Of The United States Attorney, Minneapolis, MN, Attorney for Plaintiff.
Levarges Lenard Brown, Federal Correctional Institution, Weseca, MN, Attorney for Defendant, pro se.
ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL
Defendant Leverages Lenard Brown ("Brown") pleaded guilty to one count of possession with intent to distribute cocaine base (crack) in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A). On Aril 17, 2003, this Court sentenced Brown to a term of 262 months in prison. This Court has received notice that Brown is appealing his sentence to the United States Court of Appeals for the Eighth Circuit. This matter is now before the Court on Brown's application to proceed informa pauperis on appeal.
Section 1915 of Title 28 to the United States Code governs this Court's informa pauperis determination. To grant this status, the Court must find that defendant cannot pay the required filing fee, and that the appeal is taken in good faith. 28 U.S.C. § 1915(a).
The Court has reviewed Brown's application and concludes that he is unable to pay the required filing fee. Brown is employed in prison, and earns twelve cents per hour. The prison at which he is incarcerated certifies that he has only $3.50 in his prison account.
The Court also finds no evidence that Brown's appeal is frivolous, and therefore determines that it is taken in good faith. See Coppedge v. United States, 369 U.S. 438, 445 (1962) (holding that an appeal will be considered to be in good faith so long as it is not frivolous). Although Brown pleaded guilty pursuant to a plea agreement, there is no evidence suggesting that the grounds on which Brown is appealing are improper under the agreement.
Based on these findings and all of the files, records, and proceedings therein, IT IS HEREBY ORDERED that Brown's application to proceed in forma pauperis on appeal [Docket No. 52] is GRANTED.