USA v. Thomas J. Ballanco

1 The Honorable Warren K. Urbom, United States District Judge for the District
of Nebraska.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 03-2894
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the District
* of Nebraska.
Tony Duane Munson, also known as *
Anthony D. Munson, * [UNPUBLISHED]
*
Appellant. *
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Submitted: February 20, 2004
Filed: February 25, 2004
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Before MORRIS SHEPPARD ARNOLD, FAGG, and SMITH, Circuit Judges.
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PER CURIAM.
Tony Duane Munson appeals the district court’s 1 ruling on the government’s
Federal Rule of Criminal Procedure 35(b) motion to depart for substantial assistance.
Munson’s counsel has filed a brief under Anders v. California, 386 U.S. 738 (1967),
arguing the district court should have departed further. We have no jurisdiction,

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however, to review the extent of the district court’s departure. See United States v.
Coppedge, 135 F.3d 598, 599 (8th Cir. 1998) (per curiam).
We thus dismiss this appeal, see id., and we grant defense counsel’s motion to
withdraw.
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