IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
__________________
No. 95-50611
Conference Calendar
__________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BENJAMIN SALERNO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-92-CR-83
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December 20, 1995
Before DAVIS, STEWART, and PARKER, Circuit Judges.
PER CURIAM:*
Benjamin Salerno moves this court for leave to proceed on
appeal in forma pauperis (IFP) from the denial of his motion for
modification of his sentence pursuant to 18 U.S.C. § 3582(c)(2).
We have reviewed the record and the district court's order and
find no reversible error. Salerno's other claims were not
presented to the district court and are not preserved for appeal.
*
Local Rule 47.5.1 provides: "The publication of
opinions that merely decide particular cases on the basis of
well-settled principles of law imposes needless expense on the
public and burdens on the legal profession." Pursuant to that
Rule, the court has determined that this opinion should not be
published.
No. 95-50611
-2-
Salerno fails to raise a nonfrivolous issue on appeal.
Accordingly, Salerno's motion for leave to proceed IFP is DENIED
and the appeal is DISMISSED.
We caution Salerno that any additional frivolous appeals
filed by him will invite the imposition of sanctions. To avoid
sanctions, Salerno is further cautioned to review any pending
appeals to ensure that they do not raise arguments that are
frivolous because they have been previously decided by this
court.
APPEAL DISMISSED. See 5th Cir. Rule 42.2.