United States v. Murry

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
__________________
No. 95-20872
USDC No. H-95-CV-4012
(H-90-CR-25-1)
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
FRANK EUGENE MURRY,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
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February 2, 1996
Before JOLLY, JONES and STEWART, Circuit Judges.
PER CURIAM:*
This case is here on a motion to proceed in forma pauperis
(IFP) on appeal. Murry filed this motion under 28 U.S.C. § 2255seeking to set aside his conviction for being a felon in
possession of a firearm, arguing that 18 U.S.C. § 922(g)(1) is
unconstitutional because Congress exceeded its authority under
the Commerce Clause. We have reviewed the record and the
district court's opinion and find no issue of arguable merit.
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
No. 95-20872
-2-
Accordingly, we deny IFP and dismiss the appeal as frivolous. 28
U.S.C. § 1915(a); Howard v. King, 707 F.2d 215, 219-20 (5th Cir.
1983); 5th Cir. R. 42.2.
We caution Murry that any additional frivolous appeals filed
by him will invite the imposition of sanctions. To avoid
sanctions, Murry 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.
IFP DENIED, APPEAL DISMISSED AS FRIVOLOUS.