Filed: Apr. 05, 1996
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 95-50589 Summary Calendar _ UNITED STATES OF AMERICA, Plaintiff-Appellant, versus KATHERINE HENSLER, Defendant-Appellee. _ Appeal from the United States District Court for the Western District of Texas USDC No. SA-95-CA-304 _ April 30, 1996 Before JOLLY, JONES, and STEWART, Circuit Judges. PER CURIAM:* Katherine Hensler appeals the district court’s denial of her 28 U.S.C. § 2255 motion to vacate her sentence. She contends that the
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 95-50589 Summary Calendar _ UNITED STATES OF AMERICA, Plaintiff-Appellant, versus KATHERINE HENSLER, Defendant-Appellee. _ Appeal from the United States District Court for the Western District of Texas USDC No. SA-95-CA-304 _ April 30, 1996 Before JOLLY, JONES, and STEWART, Circuit Judges. PER CURIAM:* Katherine Hensler appeals the district court’s denial of her 28 U.S.C. § 2255 motion to vacate her sentence. She contends that the ..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
____________________
No. 95-50589
Summary Calendar
____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellant,
versus
KATHERINE HENSLER,
Defendant-Appellee.
_______________________________________________________________
Appeal from the United States District Court for the
Western District of Texas
USDC No. SA-95-CA-304
_______________________________________________________________
April 30, 1996
Before JOLLY, JONES, and STEWART, Circuit Judges.
PER CURIAM:*
Katherine Hensler appeals the district court’s denial of her
28 U.S.C. § 2255 motion to vacate her sentence. She contends that
the district court erred by determining that Hensler could not
allege her argument of insufficient evidence to support her
conviction. Hensler unsuccessfully raised the issue of
insufficient evidence to support her conviction in her direct
appeal. United States v. Hensler, No. 93-8850, slip op. at 3-5
(5th Cir. Aug. 8, 1994) (unpublished). Because this issue was
*
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this opinion should not be published and is not precedent except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. 95-50589
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raised and disposed of on direct appeal, it cannot be considered in
Hensler’s § 2255 motion. United States v. Kalish,
780 F.2d 506,
508 (5th Cir. 1986), cert. denied,
476 U.S. 1118 (1986).
Hensler also attempts to raise, for the first time on appeal,
several issues, which she alleges are constitutional in nature.
This court will not consider issues, such as these, that are not
purely legal questions and that would not result in manifest
injustice if not considered. See Varnado v. Lynaugh,
920 F.2d 320,
321 (5th Cir. 1991). Hensler’s appeal is without merit and is
DISMISSED as frivolous. See 5th Cir. R. 42.2.
Because Hensler has failed to heed our previous warning to
avoid filing and pursuing frivolous appeals, Hensler is SANCTIONED
$100, which Hensler must pay to the clerk of this court prior to
filing any further appeals in this court.
APPEAL DISMISSED AS FRIVOLOUS. SANCTIONS IMPOSED.
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