United States v. Haughton , 250 F. App'x 106 ( 2007 )


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  •           IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT United States Court of Appeals
    Fifth Circuit
    FILED
    October 9, 2007
    No. 07-20023
    Summary Calendar               Charles R. Fulbruge III
    Clerk
    UNITED STATES OF AMERICA
    Plaintiff-Appellee
    v.
    MORRIS D. HAUGHTON
    Defendant-Appellant
    Appeal from the United States District Court
    for the Southern District of Texas
    USDC No. 4:05-CR-115-ALL
    Before JOLLY, DENNIS, and PRADO, Circuit Judges.
    PER CURIAM:*
    Following the revocation of his supervised release due to his conviction for
    making a false statement in an application for a U.S. passport by knowingly
    presenting a fraudulent Louisiana birth certificate, Morris D. Haughton moved
    the district court “[T]o Order Government to Release Appellant’s Louisiana Birth
    Certificate to U.S. Immigration and Naturalization Agency.” The district court
    summarily denied the motion.
    *
    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    should not be published and is not precedent except under the limited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.
    No. 07-20023
    Haughton conclusionally argues that the district court erred in failing to
    order the Government to release his Louisiana birth certificate to immigration
    officials. He asserts, without addressing the jury’s or district court’s findings to
    the contrary, that he is in fact a U.S. citizen and that he requires a copy of his
    original Louisiana birth certificate to prove the same and to avoid deportation.
    Haughton provides no legitimate legal basis for his motion or for his
    contention that the district court’s denial amounts to error. As the Government
    points out, because Haughton is a Jamaican citizen and because the Louisiana
    birth certificate is fraudulent, having provided the basis for both his criminal
    conviction and the revocation of his supervised release, the motion for its release
    was essentially a request to enable Haughton to once again attempt falsely to
    establish U.S. citizenship. The district court did not err in denying the motion.
    The instant appeal is wholly without merit and is dismissed as frivolous.
    See 5TH CIR. R. 42.2; Howard v. King, 
    707 F.2d 215
    , 219-20 (5th Cir. 1983).
    Haughton’s motion to expedite the appeal is denied.
    APPEAL DISMISSED; MOTION DENIED.
    2
    

Document Info

Docket Number: 07-20023

Citation Numbers: 250 F. App'x 106

Judges: Dennis, Jolly, Per Curiam, Prado

Filed Date: 10/9/2007

Precedential Status: Non-Precedential

Modified Date: 8/2/2023