United States v. Nathan Stutsy , 647 F. App'x 423 ( 2016 )

Case: 15-60618 Document: 00513488132 Page: 1 Date Filed: 05/02/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 15-60618 FILED
Summary Calendar May 2, 2016
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff–Appellee,
versus
NATHAN C. STUTSY,
Defendant–Appellant.
Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 1:13-CR-36
Before REAVLEY, SMITH, and HAYNES, Circuit Judges.
PER CURIAM: *
Nathan Stutsy, federal prisoner # 15513-042, appeals the denial of his
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 15-60618 Document: 00513488132 Page: 2 Date Filed: 05/02/2016
No. 15-60618
motion, under Federal Rule of Criminal Procedure 52(b), for collateral relief
from his conviction and sentence for enticing a minor to engage in sexual
activity. Rule 52(b) does not provide a procedural mechanism for collaterally
challenging a conviction or sentence; rather, “recourse may be had to [Rule
52(b)] only on appeal[.]” United States v. Frady, 456 U.S. 152, 163 (1982).
Stutsy thus appeals the denial of a “meaningless, unauthorized motion.”
United States v. Early, 27 F.3d 140, 142 (5th Cir. 1994). Accordingly, we
DISMISS the appeal as frivolous. See 5TH CIR. R. 42.2; Howard v. King, 707
F.2d 215, 220 (5th Cir. 1983).
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