United States v. Gonzales

• Court: Court of Appeals for the Fifth Circuit
• Decided: January 6, 2003
• Docket: 02-50739
• Status: Unpublished

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 02-50739 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JOHNNY M. GONZALES,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. A-91-CR-4-1-JN -------------------- January 3, 2003

Before BARKSDALE, DEMOSS and BENAVIDES, Circuit Judges.

PER CURIAM:*

Johnny M. Gonzales, federal prisoner #53504-080, appeals from

the denial of his petition to modify or remit the fine portion of

his criminal sentence. Only the Government is authorized to move

for a reduction in a prisoner’s fine. 18 U.S.C. § 3753.

Gonzales’s motion was unauthorized and his appeal is dismissed as

frivolous.

This is Gonzales’s sixth appeal regarding some aspect of his

1992 conviction and/or sentence for marijuana and cocaine offenses,

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. and the second appeal that is being dismissed as frivolous. We

warn Gonzales that frivolous appeals or other proceedings in the

future may result in sanctions against him.

APPEAL DISMISSED. 5TH CIR. R. 42.2. SANCTIONS WARNING ISSUED.