USA v. Rhonda Fleming

Filing

UNPUBLISHED OPINION ORDER FILED. [16-20732 Dismissed as Frivolous] Judge: JLD , Judge: PRO , Judge: LHS Mandate pull date is 09/29/2017; denying motion for stay pending appeal filed by Appellant Ms. Rhonda Fleming [8445428-2]; denying motion to be provided with a copy of the record filed by Appellant Ms. Rhonda Fleming [8445428-3]; denying motion for summary judgment filed by Appellant Ms. Rhonda Fleming [8424101-2]; denying motion to remand case filed by Appellant Ms. Rhonda Fleming [8377286-2] [16-20732]

Case: 16-20732

Document: 00514107062

Page: 1

Date Filed: 08/08/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-20732

United States Court of Appeals
Fifth Circuit

FILED
August 8, 2017
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
RHONDA FLEMING,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:07-CR-513-1
Before DENNIS, OWEN, and SOUTHWICK, Circuit Judges.
PER CURIAM: *

Rhonda Fleming, federal prisoner # 20446-009, has filed several motions
seeking summary reversal, remand, and other relief from the district court’s
denial of her motion for relief from her criminal judgment entered upon her
conviction of one count of conspiring to commit health care fraud and wire
fraud, 35 counts of aiding and abetting health care fraud, 10 counts of aiding
and abetting wire fraud, 16 counts of money laundering, and five counts of
engaging in monetary transactions in property derived from specified unlawful
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-20732

Document: 00514107062

Page: 2

Date Filed: 08/08/2017

No. 16-20732
activity. Pursuant to Federal Rule of Civil Procedure 60(b)(4) or (6), Fleming
sought relief from the portion of the judgment that ordered her to pay over $6
million in restitution, including over $5.8 million to be paid to Medicare.
Rule 60(b) is a rule of civil procedure, not of criminal procedure. See FED.
R. CIV. P. 60(b).

Fleming has not shown that her request to amend the

restitution order in her criminal judgment was cognizable pursuant to Rule
60(b). Her appeal is without arguable merit and thus frivolous. See Howard
v. King, 707 F.2d 215, 219-20 (5th Cir. 1982). Accordingly, the appeal is
DISMISSED AS FRIVOLOUS, and all outstanding motions are DENIED. See
5TH CIR. R. 42.2.
Fleming is WARNED that frivolous, repetitive, or otherwise abusive
filings will invite the imposition of sanctions, including dismissal, monetary
sanctions, and restrictions on her 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) (noting federal courts’ inherent power to sanction
litigants for frivolous filings).

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