United States v. Payne , 36 F. App'x 74 ( 2002 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-4985
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
KENNETH RAYMOND PAYNE, JR.,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. N. Carlton Tilley, Jr.,
Chief District Judge. (CR-00-98)
Submitted: April 30, 2002 Decided: May 31, 2002
Before KING and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Thomas N. Cochran, Assistant Federal Public Defender, Greensboro,
North Carolina, for Appellant. Anna Mills Wagoner, United States
Attorney, Clifton T. Barrett, Assistant United States Attorney,
Randall S. Galyon, Assistant United States Attorney, Greensboro,
North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Kenneth Raymond Payne, Jr., pled guilty under a plea agreement
to one count of being a felon in possession of a firearm in
violation of 18 U.S.C.A. §§ 922(g)(1), 924(a)(2) (West 2000). The
district court sentenced him to 120 months in prison and three
years of supervised release. The district court ordered the
sentence to run concurrently with the twelve-month sentence Payne
was serving for possession with intent to sell and deliver cocaine
and possession of stolen goods, and consecutively to all other
state sentences he was currently serving. Payne’s attorney filed a
brief in accordance with Anders v. California, 386 U.S. 738 (1967),
raising the issue of whether Payne’s sentence was unfairly harsh.
Payne was informed of his right to file a pro se supplemental brief
but has not done so.
In accordance with Anders, we have reviewed the entire record
and have found no meritorious issues for appeal. We therefore
affirm Payne’s conviction and sentence. We deny counsel’s motion to
withdraw and require 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 petition would be frivolous, then
counsel may move in this court for leave to withdraw from
representation. Counsel’s motion must state that a copy thereof
was served on the client. We dispense with oral argument because
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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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