UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA, 

Plaintiff-Appellee,

v.  No. 01-4071

ROBERT WADDELL, JR.,

Defendant-Appellant. 

Appeal from the United States District Court

for the Middle District of North Carolina, at Durham.

William L. Osteen, District Judge.

(CR-00-244, CR-00-245, CR-00-246, CR-00-247, CR-00-416)

Submitted: July 24, 2001

Decided: September 10, 2001

Before WILKINS, NIEMEYER, and LUTTIG, Circuit Judges.

Affirmed by unpublished per curiam opinion. 

COUNSEL

Louis C. Allen, III, Federal Public Defender, Greensboro, North Carolina, for Appellant. Benjamin H. White, Jr., United States Attorney,

Paul A. Weinman, Assistant United States Attorney, Winston-Salem,

North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c). 
OPINION

PER CURIAM: 

Robert Waddell, Jr., was convicted pursuant to his guilty pleas of

five counts of bank robbery. Waddell’s attorney has filed a brief in

accordance with Anders v. California, 386 U.S. 738 (1967), alleging

that the district court erred by sentencing Waddell as a career offender

pursuant to USSG § 4B1.1.1 Although advised of his right to do so,

Waddell did not file a pro se supplemental brief. Finding no error, we

affirm. 

The basic facts of this case are undisputed. Waddell robbed five

banks in North and South Carolina between March 7 and June 7,

2000. In each case, Waddell presented a note demanding money and

stating that he had a gun. No firearm was observed during any of the

robberies. 

Because Waddell did not object to the district court’s sentencing

calculation at trial, we review its decision for plain error and find

none. United States v. Olano, 507 U.S. 725, 733-36 (1993). The

Guidelines provide that:

A defendant is a career offender if (1) the defendant was

at least eighteen years old at the time the defendant committed the instant offense of conviction, (2) the instant offense

of conviction is a felony that is either a crime of violence

or a controlled substance offense, and (3) the defendant has

at least two prior felony convictions of either a crime of violence or a controlled substance offense. 

USSG § 4B1.1. 

The record here clearly shows that Waddell satisfies all three

criteria. First, he was forty-one years old at the time of the robberies.

Second, unarmed bank robbery is a felony crime of violence for purposes of USSG § 4B1.1. United States v. Davis, 915 F.2d 132 (4th

1U.S. Sentencing Guidelines Manual (2000). 

2 UNITED STATES v. WADDELL
Cir. 1990). Finally, Waddell’s 1989 state convictions for assault on

a female qualify as prior felony convictions for a crime of violence

under the Guidelines.2 United States v. Johnson, 114 F.3d 435, 444-

45 (4th Cir. 1997). 

We have examined the entire record in this case in accordance with

the requirements of Anders and find no meritorious issues for appeal.

The 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 therefore affirm Waddell’s sentence. Counsel’s current motion

to withdraw is denied. 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

2Waddell was thirty-one years old at the time of these offenses. 

UNITED STATES v. WADDELL 3