United States v. Schreiber

* 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that this opinion should not be published and is not precedent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.
United States Court of Appeals
Fifth Circuit
F I L E D
August 20, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-50263
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
HARRY SCHREIBER,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. A-95-CR-130-1-JN
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Before JONES, WIENER, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Harry Schreiber, federal prisoner # 40454-004, appeals the
denial of his “Petition to Dismiss the Order of Restitution.” He
does not challenge the district court’s denial of his other
motions in the same order, and any such arguments are deemed
abandoned. Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir.
1993).

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No. 03-50263
-2-
Schreiber maintains that the district court wrongly denied
his petition to relieve him of restitution payments because the
original order was unenforceable. He has not established any
authority for challenging the restitution order at this time.
See United States v. Hatten, 167 F.3d 884, 886-87 & n.5 (5th Cir.
1999). Although the district court did not conclude that it
lacked jurisdiction, this court can affirm on that ground. See
United States v. Early, 27 F.3d 140, 142 (5th Cir. 1994).
Because the district court lacked jurisdiction to consider the
motion, his appeal is DISMISSED AS FRIVOLOUS.
Schreiber requests appointment of appellate counsel. This
motion is DENIED.
Schreiber has previously been warned that the filing of
further frivolous appeals could result in the imposition of
sanctions. See United States v. Schreiber, No. 00-50572 (5th
Cir. Apr. 26, 2001)(unpublished). Schreiber’s appeal, as stated
above, is frivolous. Therefore, IT IS ORDERED that Schreiber
must pay a monetary sanction of $100 to the clerk of this court.
The clerk of this court and the clerks of all courts subject to
the jurisdiction of this court are directed to return to
Schreiber unfiled any submissions he should make until the fine
is paid in full.
APPEAL DISMISSED AS FRIVOLOUS; MOTION FOR APPOINTMENT OF
COUNSEL DENIED; SANCTIONS IMPOSED.

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