(caption unavailable)

*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should not be published.
UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 92-7154 c/w 92-7661
Summary Calendar
UNITED STATES OF AMERICA Plaintiff-Appellee,
VERSUS
MICHAEL HABINIAK, JR., Defendant-Appellant.
Appeal from the United States District Court
For the Southern District of Texas
(CA C 91 152 (CR C 88 313))
( August 30, 1993)
Before GARWOOD, SMITH, and DeMOSS, Circuit Judges.
PER CURIAM:*
The district court is AFFIRMED.
The Federal Rules of Appellate Procedure provide that "[i]f a
court of appeals shall determine that an appeal is frivolous, it
may award just damages." Fed. R. App. P. 38. In In Re Habiniak,

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2
No. 92-0097 (5th Cir. June 2, 1992) (unpublished order), we
cautioned the defendant against continuing to prosecute frivolous
matters in this Court. The defendant obviously chose to ignore our
warning. Therefore, we admonish the defendant for the final time
that, if he chooses to file additional frivolous appeals and
motions, he will be sanctioned pursuant to Rule 38.

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