Summary Calendar UNITED STATES OF AMERICA v. Olufemi Kayode Agbomire

* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
United States Court of Appeals
Fifth Circuit
F I L E D
September 6, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-20928
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
OLUFEMI KAYODE AGBOMIRE
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:04-CR-411-1
Before HIGGINBOTHAM, STEWART, and OWEN, Circuit Judges.
PER CURIAM:*
Olufemi Kayode Agbomire pleaded guilty to conspiracy to commit bank
fraud in violation of 18 U.S.C. § 371. Agbomire appeals the district court’s denial
of his motion for court documents at government expense under 28 U.S.C.
§ 2250. Under § 2250, an indigent petitioner is entitled to court documents at
no cost as long as he has filed a request for relief under 28 U.S.C. § 2255. Walker
v. United States, 424 F.2d 278, 278-79 (5th Cir. 1970). When Agbomire filed his
motion for court documents with the district court, he did not have a § 2255

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No. 06-20928
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motion pending before the district court. Accordingly, the district court did not
err in denying Agbomire’s motion. The appeal is dismissed as frivolous. 5TH
CIR. R. 42.2. We caution Agbomire that filing frivolous appeals may be
sanctioned. United States v. Gaitan, 171 F.3d 222, 223 (5th Cir. 1999).
Agbomire’s motion for transcripts at government expense is denied.
Agbomire’s motion to supplement the record on appeal is also denied.
APPEAL DISMISSED; SANCTION WARNING ISSUED; MOTIONS
DENIED.

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