IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 10-10430

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

RONALD JEROME FISHER, also known as La Ron,

Defendant-Appellant

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 4:92-CR-10-1

Before WIENER, PRADO, and OWEN, Circuit Judges.

PER CURIAM:

*

Defendant-Appellant Ronald Jerome Fisher, federal prisoner # 20604-077,

was convicted of various drug offenses, money laundering, and using and

carrying a firearm during and in relation to a drug-trafficking crime. See United

States v. Fisher, 22 F.3d 574, 576 (5th Cir. 1994). As a three-time felony drug

offender, Fisher was sentenced to a mandatory term of life imprisonment. See

id.; 21 U.S.C. § 841(b)(1)(A). Fisher’s conviction and sentence were affirmed by

United States Court of Appeals

Fifth Circuit

F I L E D

November 18, 2010

Lyle W. Cayce

Clerk

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: 10-10430 Document: 00511298617 Page: 1 Date Filed: 11/18/2010
No. 10-10430

us in 1994. See Fisher, 22 F.3d at 576-80. Fisher has been unsuccessful in

seeking relief under 28 U.S.C. § 2255.

Fisher filed a petition for a writ of audita querela in the district court

challenging the legality of his sentence in light of Burgess v. United States, 553

U.S. 124, 129 (2008). The district court found that relief pursuant to a writ of

audita querela was not available because Fisher had recourse under § 2255. The

district court denied and dismissed Fisher’s petition on that basis.

Fisher contends in this appeal that he should be permitted to assert his

Burgess claim via a petition for a writ of audita querela because Burgess was

decided after he was sentenced and had the effect of lowering his sentence.

Although the writ of audita querela “permits a defendant to obtain relief against

a judgment because of some legal defense arising after the judgment,” United

States v. Banda, 1 F.3d 354, 355 (5th Cir. 1993), a prisoner may not seek a writ

of audita querela if he “may seek redress under § 2255.” Id. The fact that a

prisoner cannot meet the requirements for bringing a successive § 2255 motion

does not render the § 2255 remedy unavailable. Tolliver v. Dobre, 211 F.3d 876,

878 (5th Cir. 2000). Because Fisher’s remedy is under § 2255 and he has not

obtained leave to file a successive § 2255 motion, the district court did not err in

dismissing his petition. The district court’s judgment is AFFIRMED.

We have previously warned Fisher that he would face sanctions, including

monetary sanctions and denial of access to the judicial system, if he continued

to file unauthorized or frivolous challenges to his conviction and sentence. See

United States v. Fisher, No. 06-10168 (5th Cir. Oct. 24, 2006). We have also

sanctioned Fisher $250 for failing to heed our warnings. See United States v.

Fisher, No. 07-10161 (5th Cir. Dec. 11, 2007). Because Fisher continues to

ignore our warnings, Fisher is ORDERED to pay a monetary sanction in the

amount of $500, payable to the clerk of this court. Fisher is BARRED from filing

in this court or in any court subject to this court’s jurisdiction any pleadings that

challenge the aforementioned conviction and sentence until the sanction is paid

2

Case: 10-10430 Document: 00511298617 Page: 2 Date Filed: 11/18/2010
No. 10-10430

in full. If Fisher attempts to file such pleadings in this court without proof of

satisfaction of this sanction, the clerk will docket them for administrative

purposes only. Any such submissions which do not show proof that the sanction

has been paid will be neither addressed nor acknowledged. Fisher is further

CAUTIONED that any future frivolous or repetitive filings in this court or any

court subject to this court’s jurisdiction will subject him to additional sanctions.

3

Case: 10-10430 Document: 00511298617 Page: 3 Date Filed: 11/18/2010