UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-4768
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ROGER LANE TOPPER,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Shelby. Lacy H. Thornburg, District
Judge. (CR-97-209)
Submitted: May 18, 1999 Decided: June 25, 1999
Before WILKINS and MICHAEL, Circuit Judges, and HALL, Senior Cir-
cuit Judge.
Affirmed by unpublished per curiam opinion.
Anthony Lynch, LYNCH & TAYLOR, Marion, North Carolina, for Appel-
lant. Deborah Ann Ausburn, Assistant United States Attorney, Ashe-
ville, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Roger Lane Topper pled guilty to conspiring to engage in the
business of dealing in firearms without a license, in violation of
18 U.S.C.A. § 371 (West Supp. 1999), and five counts of violations
of 18 U.S.C.A. § 922(a)(1)(A) (West Supp. 1999). The district
court imposed a twenty-seven month sentence. Following the filing
of a timely notice of appeal, Topper’s attorney has filed a brief
in accordance with Anders v. California, 386 U.S. 738 (1967).
Counsel states that there are no meritorious grounds for appeal
because Topper waived his appellate rights in his plea agreement.
We have reviewed the record and find that Topper knowingly and
intelligently waived his right to appeal as to all claims except
ineffective assistance of counsel and prosecutorial misconduct.
Thus, we decline to consider Topper’s claim in his supplemental
brief that his indictment was not returned to the federal magis-
trate judge in open court.
We have further examined the entire record in this case in
accordance with the requirements of Anders, and find no meritorious
issues for appeal. 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
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a 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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United States v. Roger Topper
Combined Opinion