IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-10239
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LAWRENCE DERWOOD KENEMORE, JR., a/k/a
Lawrence D. Kenemore, Jr., a/k/a Larry Kenemore,
Defendant-Appellant.
- - - - - - - - - -
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:95-CR-099-D
- - - - - - - - - -
September 27, 1996
Before GARWOOD, JOLLY and DENNIS, Circuit Judges.
PER CURIAM:*
Lawrence Kenemore appeals from the district court’s denial
of his motion, made at rearraignment as a plea of double
jeopardy, to dismiss the indictment against him on the ground
that it violated the Double Jeopardy Clause. We have
jurisdiction over the interlocutory appeal pursuant to Abney v.
United States, 431 U.S. 651, 662 (1977).
*
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that this opinion should not be published and is not precedent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. 96-10239
- 2 -
The independent fiduciary appointed in Kenemore’s civil case
exercised what amounted to a receivership over the assets of the
ATG Association of Trust and Guarantee (ATG), including the funds
seized from Kenemore’s bank and brokerage accounts. The
independent fiduciary’s actions did not constitute punishment for
double jeopardy purposes. United States v. Woods, 949 F.2d 175,
177 (5th Cir. 1991), cert. denied, 503 U.S. 961 (1992).
Kenemore’s allegation that the default judgment in the civil
action included a fine and restitution is without a factual
basis; the district court deferred imposition of a money judgment
until after the completion of the criminal prosecution.
Kenemore’s contention that the district court in the civil action
was attempting to circumvent double jeopardy by declining to
impose civil sanctions is not ripe for review. Cinel v. Connick,
15 F.3d 1338, 1341 (5th Cir.), cert. denied, 115 S. Ct. 189
(1994). Kenemore’s appeal is frivolous; his notice of appeal did
not deprive the district court of jurisdiction to proceed to
trial. United States v. Dunbar, 611 F.2d 985, 988 (5th Cir.)(en
banc), cert. denied, 447 U.S. 926 (1980).
The motions of Kenemore and the Government to supplement
their record excerpts and the Government’s motion for an
extension of the briefing schedule and withdrawal of its original
record excerpts are DENIED.
Finally, Kenemore has been warned that frivolous appeals may
result in sanctions against him. Accordingly, Kenemore is barred
No. 96-10239
- 3 -
from filing any pro se appeals in this court without the advance
written permission of a judge of this court; the clerk of this
court is directed to return to Kenemore, unfiled, any attempted
submission inconsistent with this bar. To avoid further
sanctions, which could include monetary sanctions, Kenemore is
admonished to review any pending appeals and to withdraw any
appeals that are frivolous.
APPEAL DISMISSED. MOTIONS DENIED. SANCTIONS IMPOSED. See
5TH CIR. R. 42.2.
United States v. Kenemore
Combined Opinion