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United States v. Monger

Citation: 101 F. App'x 1000Docket: No. 02-5862

Court: Court of Appeals for the Sixth Circuit; June 18, 2004; Federal Appellate Court

Narrative Opinion Summary

Freeman Monger appeals his conviction and sentence for possession of a stolen interstate shipment under 18 U.S.C. § 659 and § 2. The Sixth Circuit Court reviewed the case without oral argument, as permitted under Rule 34(j)(1). The district court sentenced Monger to 27 months of imprisonment followed by three years of supervised release and ordered him to pay $8,500 in restitution. Monger's counsel has filed a motion to withdraw and submitted an Anders brief, asserting that no viable grounds for appeal exist. Monger has not responded to this motion despite being given the opportunity. After reviewing the case record, including the guilty plea and sentencing transcripts, the panel found no reversible error. Consequently, the court granted the motion to withdraw and affirmed the district court's judgment.

Legal Issues Addressed

Affirmation of Lower Court's Judgment

Application: After a review of the case record, the appellate court found no reversible error and thus affirmed the district court's judgment.

Reasoning: After reviewing the case record, including the guilty plea and sentencing transcripts, the panel found no reversible error. Consequently, the court granted the motion to withdraw and affirmed the district court's judgment.

Anders Brief and Motion to Withdraw

Application: Monger's counsel filed an Anders brief, indicating that after a thorough examination, no valid grounds for appeal were found, and consequently requested to withdraw from the case.

Reasoning: Monger's counsel has filed a motion to withdraw and submitted an Anders brief, asserting that no viable grounds for appeal exist.

Review Without Oral Argument

Application: The Sixth Circuit Court reviewed the case without holding oral arguments, as allowed under certain procedural rules.

Reasoning: The Sixth Circuit Court reviewed the case without oral argument, as permitted under Rule 34(j)(1).