Opinion
CAUSE NO. 3:03-CR-58.
May 21, 2008
OPINION AND ORDER
On April 23, 2008, the court denied the defendant's motion to correct error under FED. R. CRIM. P. 35(a), finding that it had no authority to apply amendments to U.S.S.G. § 4A1.2 retroactively and that the time for requesting a sentence modification under Rule 35(a) had expired. [Doc. No. 116]. Mr. Smith has filed a notice of appeal and a motion for leave to appeal in forma pauperis.
Federal Rule of Appellate Procedure 24(a)(3) provides that a financially indigent person may be permitted to proceed on appeal in forma pauperis unless the court "certifies that the appeal is not taken in good faith." In other words, the court must determine "that a reasonable person could suppose that the appeal has some merit." Walker v. O'Brien, 216 F.3d 626, 632 (7th Cir. 2000). Because no reasonable person could find that Mr. Smith's appeal has any merit, the court concludes that the appeal is not taken in good faith and that Mr. Smith's request for pauper status must be denied.
Accordingly, the court DENIES the motion to proceed in forma pauperis [Doc. No. 121].
SO ORDERED.