United States v. Harris Yarbrough, III , 571 F. App'x 318 ( 2014 )

Case: 13-50572 Document: 00512658833 Page: 1 Date Filed: 06/10/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 13-50572 June 10, 2014
Lyle W. Cayce
UNITED STATES OF AMERICA, Clerk
Plaintiff – Appellee
v.
HARRIS EUGENE “Gene” YARBROUGH, III,
Defendant – Appellant
STEPHEN MILLER,
Movant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 1:01-CR-235
Before HIGGINBOTHAM, CLEMENT, and HIGGINSON, Circuit Judges.
PER CURIAM:*
The district court did not abuse its discretion in issuing a writ of
garnishment under 28 U.S.C. § 3205 and entering a turnover order under Tex.
Civ. Prac. & Rem. Code § 31.002 against the proceeds from the sale of property
previously held in trust. Defendant-Appellant Harris Yarbrough entered into
an enforceable agreement that terminated the trust, and therefore the
proceeds became his property subject to garnishment for payment of his
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-50572 Document: 00512658833 Page: 2 Date Filed: 06/10/2014
No. 13-50572
restitution debt. Movant-Appellant Stephen Miller lacks standing to seek
review of the district court’s judgment.
Accordingly, Appellee’s motion to dismiss the appeal for lack of standing
is GRANTED IN PART as to Miller and DENIED IN PART as to Yarbrough.
The judgment of the district court is AFFIRMED.
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