UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v. No. 99-4828

MARK ANTHONY BELL,

Defendant-Appellant.

Appeal from the United States District Court

for the Eastern District of Virginia, at Norfolk.

Rebecca B. Smith, District Judge.

(CR-97-55)

Submitted: April 27, 2000

Decided: May 4, 2000

Before NIEMEYER and MOTZ, Circuit Judges,

and BUTZNER, Senior Circuit Judge.

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Affirmed by unpublished per curiam opinion.

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COUNSEL

James F. Booker, Norfolk, Virginia, for Appellant. Helen F. Fahey,

United States Attorney, Kevin Michael Comstock, OFFICE OF THE

UNITED STATES ATTORNEY, Norfolk, Virginia, for Appellee.

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Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c).
OPINION

PER CURIAM:

Mark Anthony Bell had finished serving his eighty-one month

prison term for drug conspiracy and firearm convictions and was serving the three-year supervised release portion of his sentence when he

tested positive for marijuana use. The district court revoked Bell's

supervised release and sentenced him to twenty-four months in

prison. Bell's attorney has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), stating that he has found no meritorious

issues for appeal. Counsel alleges that the district court erred by

imposing a twenty-four month prison term. Bell filed a supplemental

pro se brief in support of that argument.

Bell does not dispute that he used marijuana while on supervised

release. He contends, however, that under the circumstances of his

case, a twenty-four month sentence was not warranted. He notes,

among other matters, that he had nearly finished serving his supervised release term at the time it was revoked and he was trying to gain

custody of his sons.

Under the version of 18 U.S.C. § 3583(g) in effect at the time Bell

committed his original crimes of conviction, the court was obligated

to terminate Bell's supervised release and impose a prison term of not

less than one-third of his term of supervised release. Because Bell's

supervised release term was three years, upon the revocation of supervised release he faced one to three years in prison. We find that Bell's

sentence, which does not exceed the statutory maximum, was not

plainly unreasonable.

Pursuant to Anders, we have reviewed the record for reversible

error and found none. We therefore affirm Bell's sentence. This court

requires that counsel inform his client, in writing, of the right to petition the Supreme Court of the United States for further review. If the

client requests that a petition be filed, then counsel may move 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 ade-

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quately presented in the materials before the Court and argument

would not aid the decisional process.

AFFIRMED

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