UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA,
Plaintiff-Appellee,

v.                                                                  No. 96-4348

CARLTON RAY BOYD,
Defendant-Appellant.

Appeal from the United States District Court
for the Eastern District of North Carolina, at Greenville.
Malcolm J. Howard, District Judge.
(CR-95-68)

Submitted: February 26, 1998

Decided: March 18, 1998

Before WILKINS, NIEMEYER, and HAMILTON,
Circuit Judges.

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Dismissed by unpublished per curiam opinion.

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COUNSEL

Robert H. Hale, Assistant Federal Public Defender, Raleigh, North
Carolina, for Appellant. Yvonne Victoria Watford-McKinney,
OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, 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Unpublished opinions are not binding precedent in this circuit.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:

Carlton Ray Boyd pled guilty to an information charging that he
possessed crack and cocaine with intent to distribute, see 21 U.S.C.
§ 841(a)(1) (1994). Boyd received a sentence of 71 months imprison-
ment. He appeals his conviction and sentence. Boyd's attorney has
filed a brief in accordance with Anders v. California, 386 U.S. 738
(1967), raising one issue but stating that in his view there are no meri-
torious issues for appeal. Boyd has been informed of his right to file
a pro se supplemental brief but has not done so. The issue raised by
counsel is without merit.* However, after a review of the record, we
dismiss the appeal.

In his plea agreement, Boyd waived the right to appeal his convic-
tion or a sentence of less than 78 months. The guilty plea was
accepted by the district court at a hearing conducted according to the
requirements of Fed. R. Crim. P. 11. Boyd affirmed his intention to
waive his appeal rights. A defendant may waive his right to appeal if
the waiver is knowing and intelligent. See United States v. Broughton-
Jones, 71 F.3d 1143, 1146 (4th Cir. 1995). A waiver is valid and
enforceable if the district court questions the defendant about it during
the Rule 11 colloquy. See United States v. Wessells, 936 F.3d 165,
167-68 (4th Cir. 1991). In this case, Boyd's waiver is valid. Because
his sentence was less than 78 months, we dismiss the 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
_________________________________________________________________

*Counsel suggests that the penalties for crack offenses serve no legiti-
mate government purpose. We have consistently rejected constitutional
challenges to the penalties for crack offenses. See United States v.
Burgos, 94 F.3d 849, 876-77 (4th Cir. 1996), cert. denied, ___ U.S. ___,
65 U.S.L.W. 3586 (U.S. Feb. 24, 1997) (No. 96-6868).

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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. Coun-
sel's motion must state that a copy thereof was served on the client.

We dispense with oral argument because the facts and legal conten-
tions are adequately presented in the record and briefs, and oral argu-
ment would not aid the decisional process.

DISMISSED

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