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UNITED STATES of America, Plaintiff-Appellee, v. Shannon Banard PHARR, Defendant-Appellant

United States Court of Appeals for the Fourth Circuit2002-05-02No. No. 01-4415
33 F. App'x 155

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Opinion

majority opinion

PER CURIAM.

Shannon Banard Pharr pled guilty to possession with intent to distribute in excess of five grams of cocaine base and was sentenced to sixty months imprisonment. On appeal, counsel has filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), alleging that there are no meritorious claims on appeal but raising the issue of whether Pharr’s criminal history was properly calculated under the Sentencing Guidelines.

We have reviewed counsel’s arguments on appeal and do not find that the district court erred in determining Pharr’s criminal history. United States v. Daughtrey, 874 F.2d 213, 217 (4th Cir.1989) (stating review standard).

We have examined the entire record in this case in accordance with the requirements of Anders, and find no meritorious issues for appeal. Accordingly, we 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 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 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.