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2-4-2004 USA v. Austin Precedential or Non-Precedential: Non-Precedential Docket No. 02-3308

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2004 Recommended Citation "USA v. Austin" (2004). 2004 Decisions. Paper 1028. http://digitalcommons.law.villanova.edu/thirdcircuit_2004/1028

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NOT PRECEDENTIAL THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 02-3308 ___________

UNITED STATES OF AMERICA vs. JAMES AUSTIN Appellant.

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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, 386 U.S. 738 (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.

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TO THE CLERK: Please file the foregoing opinion.

/s/ Richard L. Nygaard _________________________________ Circuit Judge