IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-41155
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
YOLANDA RIVERA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-82-CR-142
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June 16, 1998
Before DAVIS, PARKER, and DENNIS, Circuit Judges.
PER CURIAM:*
Yolanda Rivera appeals the district court’s dismissal of her
request for leave to file motion for new trial. The Government’s
motion for leave to file its brief one day out of time is
GRANTED. The district court lacked authority to grant a motion
for new trial or to sua sponte order a new trial. Fed. R. Crim.
P. 32(d) (applicable to offenses committed prior to 1987);
Carlisle v. United States, 116 S. Ct. 1460, 1464 (1996); United
*
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that this opinion should not be published and is not precedent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. 97-41155
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States v. Smith, 331 U.S. 469, 473-75 (1947). The district court
No. 97-41155
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did not abuse its discretion in dismissing Rivera’s request for
leave to file a motion for new trial.
This appeal is without arguable merit and thus frivolous.
Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983). Because
the appeal is frivolous, it is DISMISSED. 5th Cir. R. 42.2.
APPEAL DISMISSED.