United States v. Cotton , 168 F. App'x 609 ( 2006 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT February 23, 2006
Charles R. Fulbruge III
Clerk
No. 05-10773
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
VERNARDE COTTON,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:88-CR-70-ALL
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Before GARZA, DENNIS, and PRADO, Circuit Judges.
PER CURIAM:*
Vernarde Cotton, federal prisoner # 17971-077, appeals the
denial of his FED. R. CRIM. P. 35 motion challenging the 30-year
probation-revocation sentence imposed pursuant to his bank
robbery conviction. He argues pursuant to Benson v. United
States, 332 F.2d 288 (5th Cir. 1964), that the district court
illegally imposed a “general sentence” in his multi-count
conviction.
*
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this opinion should not be published and is not precedent except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. 05-10773
-2-
The record, however, discloses that the 30-year aggregate
sentence was not a “general sentence.” As was announced in open
court on June 10, 1988, the district court ran the 20-year term
imposed on count three consecutively with the 10-year term
imposed on count two. The district court’s denial of Rule 35
relief was therefore neither illegal nor a “gross abuse of
discretion.” United States v. Sinclair, 1 F.3d 329, 330 (5th
Cir. 1993) (internal quotation marks and citation omitted).
Cotton’s appeal is without arguable merit and is therefore
dismissed as frivolous. See Howard v. King, 707 F.2d 215, 220
(5th Cir. 1983). Cotton is cautioned that future frivolous
challenges to his sentence will result in the imposition of
sanctions.
APPEAL DISMISSED; SANCTION WARNING ISSUED.