United States v. Millsaps ( 2007 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
F I L E D
No. 06-30707
Summary Calendar August 22, 2007
Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
TERRENCE MILLSAPS
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:95-CR-377-1
Before HIGGINBOTHAM, STEWART, and OWEN, Circuit Judges.
PER CURIAM:*
Terrence Millsaps, federal prisoner # 83445-012, appeals from the district
court’s denial of his motion for reduction of sentence pursuant to 18 U.S.C.
§ 3582(c)(2). We review the district court’s denial for an abuse of discretion. See
United States v. Boe, 117 F.3d 830, 831 (5th Cir. 1997); United States v. Shaw,
30 F.3d 26, 28-29 (5th Cir. 1994).
Millsaps’s motion relies upon a sentencing guideline amendment that was
enacted more than two years before his sentence was imposed. Millsaps’s
*
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should not be published and is not precedent except under the limited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. 06-30707
contention that he did not receive notice of his sentencing enhancement
pursuant to 21 U.S.C. § 851 is not cognizable under § 3582(c)(2). Accordingly,
the district court did not abuse its discretion in denying Millsaps’s motion. See
Shaw, 30 F.3d at 28.
Millsaps’s appeal is dismissed as frivolous. See 5TH CIR. R. 42.2; Howard
v. King, 707 F.2d 215, 219-20 (5th Cir. 1983). We caution Millsaps that further
frivolous filings may result in the imposition of sanctions, including dismissal,
monetary penalties, and restrictions on his ability to file appeals in this court
and actions in any court subject to this court's jurisdiction.
APPEAL DISMISSED; SANCTION WARNING ISSUED.
2