United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 21, 2004
Charles R. Fulbruge III
Clerk
No. 03-10760
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BRENDA ROBERTSON FINE,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 2:95-CR-00009
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Before JOLLY, JONES, and SMITH, Circuit Judges.
PER CURIAM:*
Brenda Robertson Fine, federal prisoner # 27050-077, has
appealed the district court’s order denying her motion for
appointment of counsel. Fine contends that she is entitled to
appointed counsel under 21 U.S.C. § 848(q)(4)(A) & (8) because
she is a “capital” defendant. Because Fine was not sentenced to
death, she is not awaiting execution of a “judgment imposing a
sentence of death.” Accordingly, she is not entitled to
appointment of counsel under 21 U.S.C. § 848(q)(4)(A) & (8). The
*
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this opinion should not be published and is not precedent except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. 03-10760
-2-
appeal is dismissed as frivolous. We caution Fine that the
filing of frivolous motions and appeals in the future will invite
the imposition of a sanction.
APPEAL DISMISSED WITH SANCTION WARNING.