United States v. Freeman , 158 F. App'x 568 ( 2005 )


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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    this opinion should not be published and is not precedent except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. § 2255
     motions 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Precedential Status: Non-Precedential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