United States v. Simmons

U.S. Court of Appeals for the Fifth Circuit
United States v. Simmons, 110 F. App'x 467 (5th Cir. 2004)
Jolly, Jones, Per Curiam, Wiener

United States v. Simmons

Opinion

PER CURIAM: *

Gary Donnell Simmons, federal prisoner #28403-177, appeals the district court’s denial of his post-judgment motion seeking removal from his presentence report of the notation of a conviction in December 1980 for aggravated assault with a deadly weapon, for which he received no criminal history points. Simmons has appealed from the denial of a meaningless, unauthorized motion. See United States v. Early, 27 F.3d 140, 142 (5th Cir. 1994).

*468 This appeal is without arguable merit and is therefore frivolous. See Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983); 5th Cir. R. 42.2. Accordingly, the Government’s motion to dismiss the appeal as frivolous is GRANTED. Simmons is warned that he will be subject to sanctions if he makes any further frivolous filings. APPEAL DISMISSED AS FRIVOLOUS; SANCTION WARNING ISSUED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Gary Donnell SIMMONS, Defendant-Appellant
Status
Unpublished