Case: 13-11082 Document: 00512592107 Page: 1 Date Filed: 04/10/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 13-11082 April 10, 2014
Summary Calendar
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff−Appellee,
versus
DAVID EARL KATES,
Defendant−Appellant.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 2:13-CV-169
Before JOLLY, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM: *
David Kates, federal prisoner # 30428-077, was convicted by a jury of
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 13-11082 Document: 00512592107 Page: 2 Date Filed: 04/10/2014
No. 13-11082
possessing with the intent to distribute cocaine base and was sentenced to 360
months of imprisonment. See United States v. Kates, 174 F.3d 580, 581-84 (5th
Cir. 1999). On February 8, 2012, in No. 2:12-CV-0018, the district court
entered the following order:
DAVID EARL KATES is BARRED FROM FILING FURTHER
ACTIONS, MOTIONS, OR PLEADINGS OF ANY KIND ON THE DIS-
TRICT COURT LEVEL WITHOUT FIRST OBTAINING WRITTEN
JUDICIAL PERMISSION. Any future pleadings in violation of this
BAR will be stricken and will receive no ruling from the Court.
On September 10, 2013, Kates filed a “First Amendment Petition” seek-
ing to overturn his conviction and sentence because the facts supporting his
career-offender sentencing enhancement were not presented to the jury. On
September 24, 2013, the district court, in accordance with the standing sanc-
tion, ordered that this pleading “is STRICKEN and will receive no ruling from
the Court.” Kates has not shown that this was an abuse of discretion. See
Balawajder v. Scott, 160 F.3d 1066, 1067-68 (5th Cir. 1998); see also Gelabert
v. Lynaugh, 894 F.2d 746, 747-48 (5th Cir. 1990).
AFFIRMED.
2