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United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT December 14, 2005 Charles R. Fulbruge III Clerk No. 04-10864 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MARCUS LELAND FREEMAN, also known as Big Mark, Defendant-Appellant. -------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 4:96-CR-68-8-A -------------------- Before KING, Chief Judge, and HIGGINBOTHAM and SMITH, Circuit Judges. PER CURIAM:* Marcus Leland Freeman, federal prisoner # 29129-077, appeals from the district court’s denial of his motion for relief from his conviction and sentence, purportedly pursuant to FED. R. CRIM. P. 52(b). Freeman’s appeal is “from the denial of a meaningless, unauthorized motion.” See United States v. Early,
27 F.3d 140, 142 (5th Cir. 1994). Freeman’s appeal is frivolous and is dismissed. See 5TH CIR. R. 42.2. Freeman, who is represented by counsel, is hereby warned that any further * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 04-10864 -2- repetitious or frivolous attempts to circumvent statutory restrictions on filing second or successive
28 U.S.C. § 2255motions to vacate, whether pursued by him pro se or with the assistance of any other person (including any attorney) acting on his behalf, may result in the imposition of sanctions against him. These sanctions may include dismissal, monetary sanctions, and restrictions on his ability to file pleadings in this court and any court subject to this court’s jurisdiction. APPEAL DISMISSED; SANCTION WARNING ISSUED.
Document Info
Docket Number: 04-10864
Citation Numbers: 158 F. App'x 568
Judges: Higginbotham, King, Per Curiam, Smith
Filed Date: 12/14/2005
Precedential Status: Non-Precedential
Modified Date: 8/2/2023