IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-10388
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MELVIN CHATMAN,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:94-CR-60-1-E
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June 2, 1999
Before HIGGINBOTHAM, JONES, AND DENNIS, Circuit Judges.
PER CURIAM:*
Melvin Chatman appeals the district court’s denial of his
motion to reduce his sentence pursuant to 18 U.S.C. § 3582(c)(2).
Chatman argues that his sentence exceeds the statutory maximum
sentence of five years under 18 U.S.C. § 1952(a)(3) because the
sentencing court imposed a three-year term of supervised release.
Chatman is not entitled to relief under § 3582(c)(2). See United
States v. Gonzalez-Balderas, 105 F.3d 981, 982 (5th Cir. 1997).
Further, the three-year term of supervised release does not extend
Chatman’s sentence of imprisonment beyond the five-year statutory
*
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that this opinion should not be published and is not precedent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. 98-10388
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maximum sentence. See United States v. Butler, 895 F.2d 1016, 1018
(5th Cir. 1989) (supervised release term does not extend a
defendant’s sentence beyond the statutory maximum sentence).
Chatman’s appeal is without arguable merit and is thus
DISMISSED as frivolous. See Howard v. King, 707 F.2d 215, 219-20
(5th Cir. 1983); 5th Cir. R. 42.2. Chatman is advised that future
frivolous appeals filed by him or on his behalf will invite the
imposition of sanctions. Chatman is further advised to review any
pending appeals to ensure that they are not frivolous.
APPEAL DISMISSED; SANCTION WARNING ISSUED.