United States of America v. Fathy Hassanin

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 02-1484
UNITED STATES OF AMERICA
v.
FATHY HASSANIN,
Appellant
On Appeal from the United States District Court
for the District of New Jersey
(D.C. Crim. No. 01-00455-1)
Honorable John C. Lifland, District Judge
Submitted under Third Circuit LAR 34.1(a)
December 17, 2002
BEFORE: SLOVITER, RENDELL, and GREENBERG, Circuit Judges
(Filed: December 18, 2002)
OPINION OF THE COURT
GREENBERG, Circuit Judge.
A grand jury indicted appellant Fathy Hassanin for two counts of bank larceny
contrary to 18 U.S.C. 2113(b) and 2. Pursuant to a plea agreement he pleaded guilty to
the second count of the indictment. The district court calculated his total offense level as
17 which with his criminal history category of I established his sentencing range at 24 to
30 months. The court in fact sentenced Hassanin to a custodial term of 24 months
followed by a two-year term of supervised release. The court did not impose a fine
because of Hassanin’s inability to pay a fine. Hassanin has appealed.
Hassanin’s attorney filed a brief pursuant to Anders v. California, 386 U.S. 738,
744, 87 S.Ct. 1396, 1400 (1967), indicating "that a complete view of the record reveals
that there are no non-frivolous issues for appellate review." Br. of Appellant at 4. The
United States Attorney has filed a brief agreeing. We have examined this matter and have
concluded that any possible issue with respect to the calculation of the loss and with
respect to the court declining to depart downwards (to the extent that we have jurisdiction
to consider the issue) would be completely frivolous and that there are no other bases on
which Hassanin could predicate a nonfrivolous appeal. Consequently, we will affirm the
judgment of sentence and conviction entered January 30, 2002, and will grant the motion
of Hassanin’s attorney to be relieved as his counsel.
TO THE CLERK:
Please file the foregoing not precedential opinion.
/s/Morton I. Greenberg
Circuit Judge

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