UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-4026
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
BENJAMIN PARKER, JR.,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Columbia. Matthew J. Perry, Jr., Senior District
Judge. (CR-01-91)
Submitted: June 30, 2003 Decided: July 9, 2003
Before WILKINSON and NIEMEYER, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Langdon D. Long, Assistant Federal Public Defender, Columbia, South
Carolina, for Appellant. William Kenneth Witherspoon, OFFICE OF
THE UNITED STATES ATTORNEY, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Benjamin Parker appeals the district court’s order
resentencing him, upon remand from this court, to sixty months
imprisonment for his conviction following a guilty plea to
distribution of cocaine and cocaine base, in violation of 21 U.S.C.
§ 841(b)(1)(B) (2000). In his appeal, filed pursuant to Anders v.
California, 386 U.S. 738 (1967), Parker’s counsel raises as an
issue the calculation of Parker’s sentence. Parker was advised of
his right to file a pro se supplemental brief but has not done so.
Finding no error, we affirm.
Parker pled guilty to distribution of between five and fifty
grams of cocaine and cocaine base. Accordingly, he was subject to
a statutory mandatory minimum sentence of five years regardless of
any recommendation of the sentencing guidelines. See
§ 841(b)(1)(B). Because the sentence imposed by the district court
was the minimum sentence allowed by law, we find no error.
We have reviewed the record in accordance with Anders and find
no meritorious issues. Accordingly, we affirm the judgment of the
district court. This court requires that counsel inform his client,
in writing, of his right to petition the Supreme Court of the
United States for further review. If the client requests that a
petition be filed, but counsel believes that such a petition would
be frivolous, then counsel may move in this court for leave to
withdraw from representation. Counsel’s motion must state that a
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copy thereof was served on the client. We dispense with oral
argument because the facts and legal contentions are adequately
presented in the materials before the court and argument would not
aid the decisional process.
AFFIRMED
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