IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-40731
(Summary Calendar)
UNITED STATES OF AMERICA,
Plaintiff-Appellee
versus
GUSTAVO ANDRADE,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas, Laredo
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December 11, 1997
Before WIENER, BARKSDALE and EMILIO M. GARZA, Circuit Judges
BY THE COURT:*
The United States of America has filed a motion to dismiss
Gustavo Andrade’s appeal of the denial of his motion under 18
U.S.C. § 3582 (c)(2). The Government argues that the appeal is
frivolous. Finding that the appeal is frivolous, we GRANT the
motion to dismiss.
Andrade is no stranger to this court, having filed in this
court, as well in the district court, numerous appeals and
requests for post-conviction relief which were found to be
*
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that this opinion should not be published and is not precedent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.
No. 97-40731
-2-
frivolous. Although this court normally warns a litigant prior
to the imposition of sanctions, when a litigant's conduct is
especially egregious, this court has held that a warning is not a
prerequisite to a sanction. Moody v. Baker, 857 F.2d 256, 258
(5th Cir. 1988).
Because Andrade’s conduct has been egregious, it is ORDERED
that Andrade be barred from filing any pro se, in forma pauperis,
civil appeals in this court or any pro se, in forma pauperis,
initial civil pleading in any court which is subject to this
court's jurisdiction, without the advance written permission of a
judge of the forum court or of this court; the clerk of this
court and the clerks of all federal district courts in this
circuit are directed to return to Andrade, unfiled, any attempted
submission inconsistent with this bar.
APPEAL DISMISSED; SANCTIONS IMPOSED.