United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT June 19, 2007
Charles R. Fulbruge III
Clerk
No. 06-10932
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MARTIN A. CALDERON,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 2:03-CR-88-1
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Before JONES, Chief Judge, and JOLLY and DENNIS, Circuit Judges.
PER CURIAM:*
Martin A. Calderon, federal prisoner # 25031-051, appeals
the denial of his postjudgment motion, “Replevin/Sequestration
Return of Creditor’s Secured Property. Release of Debtor’s
Surety, and Vacate Exemption.” In the motion, Calderon referred
to himself as “DEBTOR ROY MARTINEZ/AKA/MARTIN CALDERON” and asked
the district court to vacate “the original action against DEBTOR”
and to “release the DEBTOR’S surety Roy Martinez/aka/ Martin
Calderon from liability.” The district court denied the motion,
finding that it was frivolous.
*
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this opinion should not be published and is not precedent except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. 06-10932
-2-
Calderon has appealed from the denial of a meaningless
motion. See United States v. Early, 27 F.3d 140, 141-42 (5th
Cir. 1994). No matter how his postconviction motion is
construed, the appeal of its denial is frivolous. See Montgomery
v. United States, 933 F.2d 348, 350 (5th Cir. 1991). The appeal
is therefore dismissed. See 5TH CIR. R. 42.2.
Calderon is warned that further frivolous filings will
result in the imposition of sanctions.
APPEAL DISMISSED; SANCTION WARNING ISSUED.