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95 F. App'x 552

United States v. Bratcher

U.S. Courts of Appeals

Decided April 20, 2004

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U.S. Courts of Appeals · decided 2004-04-20

Applies 21 U.S.C. § 848 (§ 408 of the Controlled Substances Act)

Decided 2004-04-20

PER CURIAM. *

¶1 Chyann Fine Bratcher, federal prisoner # 27051-077, has appealed the district court’s order denying her motion for ap *553 pointment of counsel. Bratcher contends that she is entitled to appointed counsel under 21 U.S.C. § 848(q)(4)(A) & (8) because she is a “capital” defendant. Because Bratcher was not sentenced to death, she is not awaiting execution of a “judgment imposing a sentence of death.” Accordingly, she is not entitled to appointment of counsel under the plain language of 21 U.S.C. § 848(q)(4)(A) & (8). The appeal is dismissed as frivolous. We caution Bratcher that the filing of frivolous motions and appeals in the future will invite the imposition of a sanction.

¶2 APPEAL DISMISSED WITH SANCTION WARNING.

*

¶3 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under *553 the limited circumstances set forth in 5th Cir. R. 47.5.4.

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