IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________

No. 95-50428 Summary Calendar __________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JAMES B. MITCHELL,

Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. DR-94-CA-35 - - - - - - - - - - November 30, 1995 Before WIENER, PARKER and DENNIS, Circuit Judges.

PER CURIAM:*

James B. Mitchell's motion for leave to proceed in forma

pauperis (IFP) is DENIED.

Mitchell appeals the denial of his motion for relief under

. Mitchell contends that 1) his sentence for failure

to appear at his aviation-smuggling sentencing violates the Double

Jeopardy Clause; 2) the Government breached its plea agreement with

Mitchell by refusing to move for a downward departure pursuant to

* Local Rule 47.5 provides: "The publication of opinions that have no precedential value and merely decide particular cases on the basis of well-settled principles of law imposes needless expense on the public and burdens on the legal profession." Pursuant to that Rule, the court has determined that this opinion should not be published. No. 95-50428 -2-

U.S.S.G. § 5K1.1; 3) the district court violated FED. R. CRIM. P. 11;

and 4) he received ineffective assistance of counsel.

We have reviewed the record and the district court's thorough

opinion and find no nonfrivolous issues for appeal. See Jackson v.

Dallas Police Dep't,

(5th Cir. 1986).

Additionally, we decline to review Mitchell's Rule 11 contentions,

which he raises for the first time on appeal. See Varnado v.

Lynaugh,

(5th Cir. 1991).

Finally, we have warned Mitchell that frivolous appeals may

result in sanctions against him. We impose a monetary sanction of

$50 on Mitchell and order the clerk of this court not to accept any

appellate filings from Mitchell until that monetary sanction is

paid, unless Mitchell receives the written permission of a judge of

this court.

APPEAL DISMISSED. See 5TH CIR. R. 42.2.