IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-50214
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ABEL MALDONADO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. MO-95-CA-218
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August 22, 1996
Before KING, DUHÉ, and DeMOSS, Circuit Judges.
PER CURIAM:*
Abel Maldonado, #31962-138, appeals from the district
court’s order dismissing his motion to vacate, set aside, or
correct his sentence pursuant to 28 U.S.C. § 2255. He argues
that the district court lacked jurisdiction to convict him for
violating 21 U.S.C. § 841(a)(1) and that § 841 is
unconstitutional.
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
No. 96-50214
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This court has determined that § 841 is a valid exercise of
Congress’ commerce power. See United States v. Owens, 996 F.2d
59, 61 (5th Cir. 1993). Federal courts have jurisdiction over
any criminal prosecution charging a violation of federal law. 18
U.S.C. § 3231; United States v. Drobny, 955 F.2d 990, 997 (5th
Cir. 1992).
Maldonado’s appeal is without arguable merit and thus
frivolous. See Howard v. King, 707 F.2d 215, 219-20 (5th Cir.
1983). Because the appeal is frivolous, it is DISMISSED. See
5th Cir. R. 42.2.
We caution Maldonado that any additional frivolous appeals
filed by him will invite the imposition of sanctions. To avoid
sanctions, Maldonado is further cautioned to review all pending
appeals to ensure that they do not raise arguments that are
frivolous.
APPEAL DISMISSED; SANCTION WARNING ISSUED.