United States v. Bratcher

* 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this opinion should not be published and is not precedent except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
April 21, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-10752
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CHYANN FINE BRATCHER,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 2:95-CR-9-3
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Before JOLLY, JONES, and SMITH, Circuit Judges.
PER CURIAM:*
Chyann Fine Bratcher, federal prisoner # 27051-077, has
appealed the district court’s order denying her motion for
appointment of counsel. Bratcher 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 Bratcher 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 the plain language of 21 U.S.C.

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No. 03-10752
-2-
§ 848(q)(4)(A) & (8). The appeal is dismissed as frivolous. We
caution Bratcher that the filing of frivolous motions and appeals
in the future will invite the imposition of a sanction.
APPEAL DISMISSED WITH SANCTION WARNING.

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