UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v. No. 98-4630

GERALD EUGENE STEVENS,

Defendant-Appellant.

Appeal from the United States District Court

for the Northern District of West Virginia, at Elkins.

Robert Earl Maxwell, Senior District Judge.

(CR-98-1)

Submitted: April 29, 1999

Decided: May 7, 1999

Before WILLIAMS, TRAXLER, and KING, Circuit Judges.

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Affirmed by unpublished per curiam opinion.

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COUNSEL

David H. Wilmoth, Elkins, West Virginia, for Appellant. Sherry L.

Muncy, OFFICE OF THE UNITED STATES ATTORNEY, Elkins,

West Virginia, 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Unpublished opinions are not binding precedent in this circuit.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:

Gerald Eugene Stevens pled guilty to an information charging that

he made a false material statement to a firearms dealer when he

acquired two firearms, see 18 U.S.C.A. § 922(a)(6) (West Supp.

1999). He was sentenced to a term of sixty months imprisonment.

Stevens' attorney has filed a brief in accordance with Anders v.

California, 386 U.S. 738 (1967), raising several issues but stating that

in his view there are no meritorious issues for appeal. Stevens has

filed a pro se supplemental brief raising two additional issues. His

motions to submit the brief out of time are granted. After a thorough

review of the record, we affirm the conviction and sentence.

Addressing first the issues raised by counsel, we find that the district court did not clearly err in denying Stevens a three-level adjustment for acceptance of responsibility, see U.S. Sentencing Guidelines

Manual § 3E1.1(b) (1997), because neither his guilty plea--entered

the day of trial--nor any cooperation he may have provided thereafter

was timely.1 The district court correctly determined that Stevens had

seven criminal history points, which placed him in category IV.2 The

court correctly declined to hear Stevens' challenge to a prior West

Virginia conviction for damage to timber because the conviction had

not been reversed, vacated, or declared invalid. See USSG § 4A1.1,

comment. (n.6). The court also properly assigned criminal history

points for burglary sentences Stevens incurred in Pennsylvania and

West Virginia under USSG § 4A1.1(a) and (f), although they were

related cases. The issues raised in Stevens' pro se brief are without

merit.

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

this case and find no reversible error. We therefore affirm Stevens'

conviction and sentence. This court requires that counsel inform his

client, in writing, of his right to petition the Supreme Court of the

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1 Stevens received a two-level adjustment for acceptance of responsibility under § 3E1.1(a).

2 The district court departed downward to category III under USSG

§ 4A1.3, p.s.

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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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