UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v. No. 97-4472

ALICEDES MOREJON CORCHO,

Defendant-Appellant.

Appeal from the United States District Court

for the Southern District of West Virginia, at Charleston.

Charles H. Haden II, Chief District Judge.

(CR-96-199-2)

Submitted: June 16, 1998

Decided: August 20, 1998

Before MICHAEL and MOTZ, Circuit Judges, and

PHILLIPS, Senior Circuit Judge.

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Affirmed by unpublished per curiam opinion.

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COUNSEL

Arthur T. Ciccarello, CICCARELLO, DELGIUDICE & LAFON,

Charleston, West Virginia, for Appellant. Rebecca A. Betts, United

States Attorney, Miller A. Bushong, III, Assistant United States

Attorney, Charleston, West Virginia, for Appellee.

_________________________________________________________________
Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c).

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OPINION

PER CURIAM:

Alicedes Corcho appeals his convictions for conspiracy to distribute and possess with the intent to distribute cocaine and aiding and

abetting possession with intent to distribute cocaine in violation of 21

U.S.C. §§ 841, 846(a)(1) (1994) and 18 U.S.C.§ 2 (1994). Corcho

was sentenced to 120 months in prison followed by eight years of

supervised release, a fine of $5,000, and a special assessment of $200.

He appeals his conviction and sentence. Corcho's attorney has filed

a brief in accordance with Anders v. California , 386 U.S. 738 (1967),

raising one possible issue for review, but indicating that in his view,

there are no meritorious issues on appeal. Though notified of his right

to file a supplemental brief, Corcho has not done so. Corcho's attorney raises the question of whether the failure to obtain a search warrant to search an automobile known to contain drugs was

unreasonable in violation of the Fourth Amendment.

In September 1996 Paul Michael Moore was arrested by the Kanawha County, West Virginia, Metro Drug Unit for possession of

cocaine. Moore said he bought the cocaine from Corcho, who lived

in Miami, Florida. Moore agreed to cooperate with the police in an

investigation of Corcho, and Moore was released on bond. In October

1996 Moore told the police that Kenneth Cisco and another man were

driving to Miami to pick up Corcho and bring him back to West Virginia with cocaine. Cisco called Moore several times during the trip.

When Cisco and his party were on the way back from Florida, Moore

(with the knowledge of the police) wired Cisco money to buy tires.

Soon thereafter, Moore told the police that Cisco, Corcho, and the

third man would be crossing into West Virginia on a certain day and

that they were carrying cocaine. Moore also gave the police a detailed

description of the vehicle being used to transport the cocaine. On the

specified day the police set up surveillance on the West Virginia

Turnpike and observed a car matching Moore's description. The

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police followed the car to Charleston, where they stopped the car and

questioned the occupants. Cisco, the owner of the vehicle, and the

third man (Lewis Lanham, the driver) told the officers where the

drugs were hidden in the car and allowed them to search the vehicle.

Because Corcho failed to object to the search at trial, this Court

reviews for plain error. See United States v. Olano, 507 U.S. 725,

736-37 (1993). Police may search a vehicle without a warrant when

they have probable cause to believe that the vehicle or a container

within it contains contraband or evidence of criminal activity. See

Pennsylvania v. Labron, 518 U.S. 938 (1996); United States v. Ross,

456 U.S. 798, 823-24 (1982). Probable cause to search exists when

there is "a fair probability that contraband or evidence of a crime will

be found in a particular place." Illinois v. Gates, 462 U.S. 213, 238

(1983). Given the information provided by Moore and the subsequent

surveillance corroborating that information, we conclude the police

had probable cause to believe the car in which Corcho was riding contained drugs. The warrantless search of the car was proper. We therefore affirm Corcho's convictions and sentence.

In accordance with the requirements of 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 materials before the court and

argument would not aid the decisional process.

AFFIRMED

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