USA v. Heriberto Morales, No. 14-10557 (5th Cir. 2015)

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Case: 14-10557 Document: 00512995713 Page: 1 Date Filed: 04/07/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 14-10557 Summary Calendar United States Court of Appeals Fifth Circuit FILED April 7, 2015 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. HERIBERTO MORALES, also known as Gilberto Moralez, also known as Gibby, Defendant-Appellant Appeals from the United States District Court for the Northern District of Texas USDC No. 1:02-CR-3-15 Before KING, JOLLY, and HAYNES, Circuit Judges. PER CURIAM: * Citing 18 U.S.C. § 3742, Heriberto Morales, federal prisoner # 28118180, appeals the 327-month sentence imposed following his 2002 guilty plea conviction for conspiracy to distribute and possess with intent to distribute more than 500 grams of methamphetamine. Over ten years ago, this court dismissed Morales’s original direct appeal as frivolous. United States v. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 14-10557 Document: 00512995713 Page: 2 Date Filed: 04/07/2015 No. 14-10557 Morales, 64 F. App’x 417 (5th Cir. 2003). Accordingly, we DENY his motion for leave to proceed in forma pauperis and DISMISS his current appeal as frivolous. Morales is WARNED that future frivolous or repetitive filings will subject him to sanctions, including dismissal, monetary sanctions, and restrictions on his ability to file pleadings in this court or any court subject to this court’s jurisdiction. 2

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