Opinions of the United 2004 Decisions States Court of Appeals for the Third Circuit

2-4-2004

USA v. Austin Precedential or Non-Precedential: Non-Precedential

Docket No. 02-3308

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Recommended Citation "USA v. Austin" (2004). 2004 Decisions. Paper 1028. http://digitalcommons.law.villanova.edu/thirdcircuit_2004/1028

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THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

___________

No. 02-3308 ___________

UNITED STATES OF AMERICA

vs.

JAMES AUSTIN

Appellant.

___________

ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

(D.C. Criminal No. 01-cr-00130-1) District Judge: The Honorable Petrese B. Tucker

___________

Submitted Under Third Circuit LAR 34.1(a) January 26, 2004

BEFORE: NYGAARD, FUENTES, and STAPLETON, Circuit Judges.

(Filed: February 4, 2004)

___________ OPINION OF THE COURT ___________

NYGAARD, Circuit Judge.

Appellant James Austin pleaded guilty to seven counts related to trafficking

in crack cocaine. The District Court sentenced the Appellant to ninety-seven months

imprisonment. Austin filed a notice of appeal, pro se, and his appointed counsel, Jeremy

C. Gelb, Esq., filed a brief in accordance with Anders v. California,

(1967).

Counsel indicated that there are no non-frivolous issues for appeal.

We have carefully reviewed the Appellant’s brief, along with the responsive

brief of the United States and other matters of record. Austin did not file a pro se brief.

We conclude, after our own review of the entire record, that the District Court did not err.

Accordingly, the judgment of the District Court will be affirmed.

The motion of defense counsel to withdraw will be granted.

_________________________

TO THE CLERK:

Please file the foregoing opinion.

/s/ Richard L. Nygaard _________________________________ Circuit Judge

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