United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT October 21, 2004
Charles R. Fulbruge III
Clerk
No. 04-50506
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
WILLIAM RAY PHILLIPS, II,
also known as William Ray Phillips,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. 6:02-CR-117-1
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Before JOLLY, JONES, and WIENER, Circuit Judges.
PER CURIAM:*
William Ray Phillips, II, federal prisoner #26337-180,
appeals from the district court’s denial of his “MOTION FOR
INSOLVENCY.” Phillips argued in the motion, and argues on
appeal, that the Bureau of Prisons is engaging in unfair debt
collection practices for purposes of the Fair Debt Collection
Practices Act by garnishing a portion of his prison earnings to
satisfy his criminal fine and special assessment.
*
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this opinion should not be published and is not precedent except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. 04-50506
-2-
Phillips’s criminal fine and special assessment are not
fines for purposes of the Fair Debt Collection Practices Act.
See 15 U.S.C. § 1692a(5). The district court properly denied
Phillips’s “MOTION FOR INSOLVENCY.” Because Phillips’s instant
appeal lacks arguable merit, it is DISMISSED as frivolous. See
5TH CIR. R. 42.2; Howard v. King, 707 F.2d 215, 219-20 (5th Cir.
1983). Phillips is warned that he will be subject to sanctions
if he makes any further frivolous filings.
APPEAL DISMISSED AS FRIVOLOUS; SANCTION WARNING ISSUED.