UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v. No. 95-5170

TYRONE JOHN DAVIS,

Defendant-Appellant.

Appeal from the United States District Court

for the Middle District of North Carolina, at Greensboro.

Frank W. Bullock, Jr., Chief District Judge.

(CR-94-219)

Submitted: March 21, 1996

Decided: April 4, 1996

Before NIEMEYER and MICHAEL, Circuit Judges, and

BUTZNER, Senior Circuit Judge.

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Affirmed by unpublished per curiam opinion.

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COUNSEL

Michael B. Shankle, High Point, North Carolina, for Appellant. Walter C. Holton, Jr., United States Attorney, Michael F. Joseph, Assistant United States Attorney, Greensboro, North Carolina, for

Appellee.

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Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c).

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OPINION

PER CURIAM:

Tyrone John Davis pled guilty to conspiracy to distribute more than

50 grams of crack cocaine, 21 U.S.C.A. § 846 (West Supp. 1995), and

was sentenced to a term of 140 months imprisonment. His attorney

has filed a brief in accordance with Anders v. California, 386 U.S.

738 (1967), addressing one issue but stating that, in his view, there

are no meritorious issues for appeal. Davis has been notified of his

right to file a pro se supplemental brief but he has not done so. After

a thorough review of the briefs and the record, we affirm the conviction and the sentence.

Davis agreed to sell five ounces of crack to an undercover agent.

While the agent and a confidential informant waited for Davis and coconspirator Leroy Warley to obtain the crack, Davis called the agent

several times and finally told him that only four ounces were available. The agent agreed to buy four ounces. Shortly afterward, Warley

and another conspirator, Alexandro Barron, appeared with 108.1

grams (gross weight) of crack, slightly less than four ounces. After

the sale was completed, Warley and Barron were arrested. Davis was

subsequently charged and entered a guilty plea.

In the Anders brief, Davis's attorney questions the calculation of

the sentence under the sentencing guidelines. Davis did not contest

the facts set out in the presentence report, but argued that he was not

responsible for the whole amount of crack sold to the undercover

agent. Amounts of drugs distributed by co-conspirators are attributable to a defendant if the distribution was within the scope of the

defendant's agreement, foreseeable to him, and in furtherance of the

jointly undertaken criminal activity. USSG § 1B1.3(a)(1).* The dis-

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*United States Sentencing Commission, Guidelines Manual (Nov.

1994).

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trict court's determination of the amount of drugs attributable to a

defendant is reviewed for clear error. United States v. McDonald, 61

F.3d 248, 255 (4th Cir. 1995). The district court did not clearly err in

finding that Davis was accountable for the whole amount because he

arranged for the sale to take place.

In accordance with Anders, we have examined the entire record in

this case 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 a

copy thereof was served on the client.

We dispense with oral argument because the facts and legal contentions are adequately presented in the record and briefs, and oral argument would not aid the decisional process.

AFFIRMED

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