United States v. Gonzales

* 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that this opinion should not be published and is not precedent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.
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.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. A-91-CR-4-1-JN
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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,

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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.

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