United States v. Nieto ( 1996 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 95-11131
USDC No. 3:95-CV-2528-G
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
IGNACIO RIOJAS NIETO, JR.,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
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July 11, 1996
Before JONES, EMILIO M. GARZA and DeMOSS, Circuit Judges.
PER CURIAM:*
Ignacio Nieto, #44072-079, seeks to appeal the district
court's denial of his motion to vacate, 28 U.S.C. § 2255. His
contention that the district court lacked jurisdiction, based on
18 U.S.C. § 13, the Assimilative Crimes Act, is frivolous. See
United States v. Brown, 608 F.2d 551 (5th Cir. 1979). Therefore
leave to appeal in forma pauperis (IFP) is DENIED and the appeal
is DISMISSED.
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
No. 95-11131
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We caution Nieto that any additional frivolous appeals filed
by him will invite the imposition of sanctions. To avoid
sanctions, Nieto is further cautioned to review any pending
appeals to ensure that they do not raise arguments that are
frivolous because they have been previously decided by this
court.
IFP DENIED; APPEAL DISMISSED; WARNING ISSUED.