UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA,
Plaintiff-Appellee,

v.                                                                    No. 99-4106

JAVARALD ANTONIO SULLIVAN,
Defendant-Appellant.

Appeal from the United States District Court
for the District of South Carolina, at Charleston.
Solomon Blatt, Jr., Senior District Judge.
(CR-97-797)

Submitted: January 20, 2000

Decided: February 2, 2000

Before WILLIAMS, MICHAEL, and TRAXLER, Circuit Judges.

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Affirmed by unpublished per curiam opinion.

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COUNSEL

Eduardo K. Curry, CURRY, CURRY & COUNTS, P.A., Charleston,
South Carolina, for Appellant. Miller Williams Shealy, Jr., OFFICE
OF THE UNITED STATES ATTORNEY, Charleston, South Caro-
lina, for Appellee.

_________________________________________________________________

Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).
OPINION

PER CURIAM:

Javarald Antonio Sullivan pled guilty to possession of cocaine base
(crack) with intent to distribute, see 21 U.S.C. § 841(a) (1994), and
stipulated that he was responsible for 1.5 kilograms of crack for sen-
tencing purposes. Sullivan was sentenced to a term of 292 months
imprisonment. His attorney has filed a brief pursuant to Anders v.
California, 386 U.S. 738 (1967), raising one issue but stating that, in
his view, there are no meritorious issues for appeal. Sullivan has been
informed of his right to submit a pro se supplemental brief, but has
not done so.

In the Anders brief, counsel challenges the district court's use of
the guidelines for crack offenses, arguing that the government did not
prove that the controlled substance found in Sullivan's car was crack
rather than cocaine powder. This claim is without merit because Sulli-
van stipulated that the substance was crack and did not object to the
probation officer's statement in the presentence report that the sub-
stance was determined to be crack after Sullivan's arrest. See United
States v. Gilliam, 987 F.2d 1009, 1013 (4th Cir. 1993) (government's
burden of proof is met by stipulation of parties that has reasonable
factual basis). The district court properly calculated Sullivan's sen-
tence using the base offense level for crack offenses.

Pursuant to Anders, this court has reviewed the record for revers-
ible error and found none. We therefore affirm the conviction and
sentence. This court requires that counsel inform his client, in writing,
of his right to petition the Supreme Court of the United States for fur-
ther review. If the client requests that a petition be filed, then counsel
may move 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 materials before the court and
argument would not aid the decisional process.

AFFIRMED

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