United States v. Richard Green

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, v. No. 98-4667 RICHARD MORRIS GREEN, Defendant-Appellant. Appeal from the United States District Court for the District of South Carolina, at Florence. Cameron McGowan Currie, District Judge. (CR-97-899) Submitted: February 24, 2000 Decided: March 3, 2000 Before MOTZ and KING, Circuit Judges, and BUTZNER, Senior Circuit Judge. _________________________________________________________________ Affirmed by unpublished per curiam opinion. _________________________________________________________________ COUNSEL Carroll D. Padgett, Jr., Loris, South Carolina, for Appellant. Alfred William Walker Bethea, Assistant United States Attorney, Florence, South Carolina, for Appellee. _________________________________________________________________ Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). OPINION PER CURIAM: Richard Morris Green pled guilty to conspiracy to possess cocaine with intent to distribute, see 21 U.S.C.§ 846 (1994), and was sen- tenced to a term of 120 months imprisonment, five years supervised release, and a special assessment of $100. Green's attorney has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), raising one issue but indicating that, in his view, there are no meritorious issues for appeal. Green has been notified of his right to file a pro se supplemental brief but has not filed a brief. In the Anders brief, Green's attorney suggests that the district court may have clearly erred in making a two-level enhancement for pos- session of a firearm during the offense. See U.S. Sentencing Guide- lines Manual § 2D1.1(b)(1) (1997). Initially, we note that Green waived appellate review of this issue by withdrawing all his objec- tions to the presentence report at the sentencing hearing. In addition, the record discloses that Green was arrested when he tried to buy a kilogram of cocaine from an informant. A loaded rifle and a loaded handgun were seized from his truck. Green did not present any evi- dence on which the district court might have found that it was clearly improbable that the weapons were connected to the offense. We find that the district court did not clearly err in making the enhancement. Pursuant to Anders, this court has reviewed the record for revers- ible error and found none. We therefore affirm the conviction and sentence. This court requires that counsel inform his client, in writing, of his right to petition the Supreme Court of the United States for fur- ther review. If the client requests that a petition be filed, then counsel may move this court for leave to withdraw from representation. Coun- sel's motion must state that a copy thereof was served on the client. We dispense with oral argument because the facts and legal conten- tions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED 2