Brenda Robertson Fine, federal prisoner # 27050-077, has appealed the district court’s order denying her motion for appointment of counsel. Fine contends that she is entitled to appointed counsel under 21 U.S.C. § 848(q)(4)(A) & (8) because she is a “capital” defendant. Because Fine was not sentenced to death, she is not awaiting execution of a “judgment imposing a sentence of death.” Accordingly, she is not entitled to appointment of counsel under 21 U.S.C. § 848(q)(4)(A) & (8). The appeal is dismissed as frivolous. We caution Fine that the filing of frivolous motions and appeals in the future will invite the imposition of a sanction.

APPEAL DISMISSED WITH SANCTION WARNING.