Filed: Jan. 11, 2019
Latest Update: Mar. 03, 2020
Summary: Case: 18-30263 Document: 00514791304 Page: 1 Date Filed: 01/11/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 18-30263 FILED January 11, 2019 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff - Appellee v. TIMOTHY GENTRY, also known as Johnny_5_is_@live, also known as John Doe, also known as John Doe #12, Defendant - Appellant Appeal from the United States District Court for the Western District of Louisian
Summary: Case: 18-30263 Document: 00514791304 Page: 1 Date Filed: 01/11/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 18-30263 FILED January 11, 2019 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff - Appellee v. TIMOTHY GENTRY, also known as Johnny_5_is_@live, also known as John Doe, also known as John Doe #12, Defendant - Appellant Appeal from the United States District Court for the Western District of Louisiana..
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Case: 18-30263 Document: 00514791304 Page: 1 Date Filed: 01/11/2019
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 18-30263 FILED
January 11, 2019
Summary Calendar
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff - Appellee
v.
TIMOTHY GENTRY, also known as Johnny_5_is_@live, also known as John
Doe, also known as John Doe #12,
Defendant - Appellant
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 5:10-CR-319-14
Before REAVLEY, JONES, and HIGGINSON, Circuit Judges.
PER CURIAM: *
Timothy Gentry, federal prisoner # 14627-032, pleaded guilty to one
count of engaging in a child exploitation enterprise and was sentenced to 300
months of imprisonment. He appeals the district court’s denial of his petition
for a writ of coram nobis, which he filed seeking to vacate and set aside his
conviction and sentence. Gentry contends that the district court did not have
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 18-30263 Document: 00514791304 Page: 2 Date Filed: 01/11/2019
No. 18-30263
jurisdiction over his conviction because the procedure used to enact 18 U.S.C.
§ 3231 was unconstitutional.
The record shows that Gentry is still in custody serving the sentence he
seeks to challenge with his petition. Thus, Gentry does not satisfy the “no
longer in custody” requirement for filing a writ of coram nobis. See United
States v. Hatten, 167 F.3d 884, 887 n.6 (5th Cir. 1999); United States v. Dyer,
136 F.3d 417, 422 (5th Cir. 1998). As such, the district court did not abuse its
discretion in denying Gentry a writ. See Santos-Sanchez v. United States,
548 F.3d 327, 330 (5th Cir. 2008), vacated on other grounds,
559 U.S. 1046
(2010); see also Sojourner T v. Edwards,
974 F.2d 27, 30 (5th Cir. 1992) (holding
that this court may affirm the district court’s judgment on any grounds
supported by the record). Further, we have previously rejected a similar
challenge to § 3231 based on alleged procedural defects. United States v.
Leyva, No. 06-11172,
2007 WL 3230321, at *1 (5th Cir. Oct. 31, 2007)
(unpublished); see also Ballard v. Burton,
444 F.3d 391, 401 n.7 (5th Cir. 2006)
(“An unpublished opinion issued after January 1, 1996 is not controlling
precedent, but may be persuasive authority.”). Gentry’s argument is frivolous
and without merit. See Howard v. King,
707 F.2d 215, 220 (5th Cir. 1983).
Gentry is WARNED that frivolous, repetitive, or otherwise abusive
filings will invite the imposition of sanctions, which may include dismissal,
monetary sanctions, and restrictions on his ability to file pleadings in this court
and any court subject to this court’s jurisdiction. See Coghlan v. Starkey,
852 F.2d 806, 817 n.21 (5th Cir. 1988).
APPEAL DISMISSED; SANCTION WARNING ISSUED.
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