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UNITED STATES of America, Plaintiff-Appellee, v. Nathan C. STUTSY, Defendant-Appellant

United States Court of Appeals for the Fifth Circuit2016-05-02No. No. 15-60618
647 F. App'x 423

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Opinion

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PER CURIAM:

Nathan Stutsy, federal prisoner # 15513-042, appeals the denial of his 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 62(b) ] only on appeal[.]” United States v. Frady, 456 U.S. 152, 163, 102 S.Ct. 1584, 71 L.Ed.2d 816 (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).

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4,