United States v. Monahan

* 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that this opinion should not be published and is not precedent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
April 24, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-11149
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOHN F. MONAHAN,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 2:02-CR-36-1
--------------------
Before DAVIS, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
The Federal Public Defender appointed to represent John F.
Monahan has moved for leave to withdraw from this appeal and has
filed a brief as required by Anders v. California, 386 U.S. 738
(1967). Monahan has filed a response challenging the district
court’s failure at sentencing to account for his cooperation with
the Government, the amount of restitution ordered by the district
court, and the district court’s victim identification.

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No. 02-11149
-2-
Our independent review of counsel’s brief, Monahan’s
response, and the record discloses no nonfrivolous issue.
Accordingly, counsel’s motion for leave to withdraw is GRANTED,
counsel is excused from further responsibilities herein, and the
APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

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