Filed: Jun. 14, 2005
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT June 14, 2005 Charles R. Fulbruge III Clerk No. 04-10902 UNITED STATES OF AMERICA, Plaintiff, versus SHANGO H. ALVES; Defendant DOUGLAS C. GREENE Appellant - Appeal from the United States District Court for the Northern District of Texas No. 4:04-CR-70-2 - Before GARWOOD, GARZA and BENAVIDES, Circuit Judges. PER CURIAM:* Before us is an appeal by an attorney of a sanction order issu
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT June 14, 2005 Charles R. Fulbruge III Clerk No. 04-10902 UNITED STATES OF AMERICA, Plaintiff, versus SHANGO H. ALVES; Defendant DOUGLAS C. GREENE Appellant - Appeal from the United States District Court for the Northern District of Texas No. 4:04-CR-70-2 - Before GARWOOD, GARZA and BENAVIDES, Circuit Judges. PER CURIAM:* Before us is an appeal by an attorney of a sanction order issue..
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT June 14, 2005
Charles R. Fulbruge III
Clerk
No. 04-10902
UNITED STATES OF AMERICA,
Plaintiff,
versus
SHANGO H. ALVES;
Defendant
DOUGLAS C. GREENE
Appellant
--------------------
Appeal from the United States District Court
for the Northern District of Texas
No. 4:04-CR-70-2
--------------------
Before GARWOOD, GARZA and BENAVIDES, Circuit Judges.
PER CURIAM:*
Before us is an appeal by an attorney of a sanction order
issued by the district court under Rule 57.8(b) of the Local
Criminal Rules for the Northern District of Texas. We have
reviewed the record, and we find no abuse of discretion with
respect to the $750 fine assessed.
*
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that this opinion should not be published and is not precedent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.
Appellant failed to appear before the district court for the
scheduled arraignment of Appellant’s client. The record supports
the district court’s finding that both a fax and email
transmission were sent to Greene’s office as notification of the
arraignment and that Appellant’s office received those
transmissions. Such notification by electronic transmission was a
service that Appellant himself had selected. Under Local
Criminal Rule 57.8(b), the district court judge was authorized to
take disciplinary action for Appellant’s failure to comply with
the order to appear and for conduct unbecoming of a member of the
bar.
We note that this is not the first occasion a district court
has sanctioned Appellant for a tardy appearance or failure to
appear. Indeed, this very appeal was originally dismissed for
want of prosecution. In any event, our review is for abuse of
discretion, see U.S. v. $49,000 Currency,
330 F.3d 371, 376 (5th
Cir. 2003); Tollett v. City of Kemah,
285 F.3d 357, 363 (5th Cir.
2002), and Greene has shown none. Neither has he shown that the
sanction amounts to a finding of criminal contempt.
The sanction is AFFIRMED.