IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-30183
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JULIUS WARNER MARACALIN,
also known as Big Warner,
Defendant-Appellant.
- - - - - - - - - -
Appeal from the United States District Court
for the Middle District of Louisiana
USDC No. 95-CR-4-B-M1
- - - - - - - - - -
October 20, 1999
Before JONES, WIENER, and STEWART, Circuit Judges.
PER CURIAM:*
We affirmed Julius Warner Maracalin’s conviction and
sentence for conspiracy to possess with intent to distribute
cocaine base and distribution of cocaine base but vacated the
portion of the judgment imposing a fine for further findings as
to Maracalin’s ability to pay. On remand, the district court
issued a written ruling setting forth reasons for its imposition
of the $100,000 fine.
*
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that this opinion should not be published and is not precedent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. 98-30183
- 2 -
Maracalin, through counsel, argues on appeal that the
district court plainly erred in reimposing the fine when the
evidence indicates that he would have no money with which to pay
it. Marcalin has filed a pro se motion to dismiss his appointed
appellate counsel and to substitute a new counsel for appeal.
The motion is DENIED.
Our review of the record and the arguments and authorities
convinces us that the fine should be affirmed. Although
Maracalin complains that the district court did not rely on “more
specific or supportive information than was [previously]
available,” he fails to show that the court plainly erred in
reimposing the $100,000 fine after making additional specific
findings regarding Maracalin’s ability to pay. See United States
v. Landerman, 167 F.3d 895, 899 (5th Cir. 1999).
AFFIRMED. MOTION DENIED.