UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
No. 97-4063
JULIO CESAR PEREZ, a/k/a Jose Luis
Villarreal,
Defendant-Appellant.
Appeal from the United States District Court
for the District of South Carolina, at Columbia.
Joseph F. Anderson, Jr., District Judge.
(CR-96-305)
Submitted: September 11, 1997
Decided: September 24, 1997
Before RUSSELL, MURNAGHAN, and HAMILTON,
Circuit Judges.
_________________________________________________________________
Affirmed by unpublished per curiam opinion.
_________________________________________________________________
COUNSEL
F. Xavier Starkes, Columbia, South Carolina, for Appellant. Kelly
Elizabeth Shackelford, 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Unpublished opinions are not binding precedent in this circuit.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).
_________________________________________________________________
OPINION
PER CURIAM:
Julio Cesar Perez appeals his conviction and sentence for conspir-
acy to possess marijuana with the intent to distribute in violation of
21 U.S.C. § 846 (1994). We affirm.
Perez's attorney has filed a brief pursuant to Anders v. California,
386 U.S. 738 (1967), raising three potentially meritorious issues.
They are:
(1) the district court failed to comply with Fed. R. Crim.
P. 11 in conducting Perez's plea hearing;
(2) the district court erred in enhancing Perez's sentence
under U.S. Sentencing Guidelines Manual§ 3B1.1
(1996); and
(3) the district court erred in denying Perez a reduction in
sentence for acceptance of responsibility under USSG
§ 3E1.1.
Our review of the record reveals that these issues are without merit.
The district court fully complied with Rule 11. Further, the facts pres-
ented at the plea and sentencing hearings reveal that at least five par-
ticipants were involved in the conspiracy at issue and that Perez
exercised control over most, if not all of these participants, thus justi-
fying a four-point enhancement under USSG § 3B1.1. Finally, given
that Perez properly received an enhancement for obstruction of justice
under USSG § 3C1.1, we cannot say that the district court clearly
erred in denying Perez a § 3E1.1 reduction. See United States v. Kidd,
12 F.3d 30, 34 (4th Cir. 1993) (establishing standard of review), cert.
denied, 511 U.S. 1059 (1994); USSG § 3E1.1, comment. (n.4).
2
In accordance with the requirements of Anders , we have examined
the entire record in this case and find no other meritorious issues for
appeal. We therefore affirm Perez's sentence and require that counsel
inform Perez, in writing, of his right to petition the Supreme Court of
the United States for further review. If Perez requests that a petition
be filed, but counsel believes that such a petition would be frivolous,
then counsel may move this Court for leave to withdraw from repre-
sentation. Counsel's motion must state that a copy thereof was served
on Perez.
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
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