Opinion
CASE NO. 1:03-cr-00041-MP-AK.
June 19, 2008
ORDER
This matter is before the Court on the Defendant Boyd's motion to proceed in forma pauperis on appeal. Doc. 704. Under Fed.R.App.P. 24(a)(1), a party seeking to proceed in forma pauperis on appeal must file a motion with the district court, including an affidavit listing the information set out in Fed.R.App.P. 24(a)(1)(A)-(C). The Defendant has done so. However, the Court, under Fed.R.App.P. 24(a)(4) may certify that the appeal is not taken in good faith and for that reason deny the motion to proceed in forma pauperis.
As set out in the order at Doc. 685, Defendant's sentence was reduced in accordance with the amendments to the sentencing Guidelines. Although the Court had the discretion to reduce Defendant's sentence below the amended Guideline range, after considering the sentencing factors under 18 U.S.C. § 3553, the Court found that only a reduction comparable to the original sentence was warranted. Since this decision was within the discretion of the Court, Defendant cannot show any merit for his appeal. Accordingly, the Court hereby certifies that the appeal is not taken in good faith. The motion to proceed in forma pauperis on appeal, Doc. 704, is therefore denied.
DONE AND ORDERED.