United States of America, Plaintiff-appellee, v. Milton Mark Smith, A/k/a Pete, Defendant-appellant, 953 F.2d 641 (4th Cir. 1992)

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US Court of Appeals for the Fourth Circuit - 953 F.2d 641 (4th Cir. 1992) Submitted Oct. 22, 1991. Decided Feb. 3, 1992

Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Frank W. Bullock, Jr., District Judge. (CR-90-195-G)

James W. Swindell, High Point, N.C., for appellant.

Robert H. Edmunds, Jr., United States Attorney, Michael F. Joseph, Assistant United States Attorney, Greensboro, N.C., for appellee.



Before SPROUSE and WILKINS, Circuit Judges, and GERALD W. HEANEY, Senior Circuit Judge of the United States Court of Appeals for the Eighth Circuit, sitting by designation.



Milton Mark Smith was convicted of conspiracy to possess cocaine base with the intent to distribute and possession of cocaine base with the intent to distribute. 21 U.S.C.A. §§ 841(a), 846 (West 1981 & Supp.1991). Smith's attorney submitted this appeal pursuant to the requirements of Anders v. California, 386 U.S. 738 (1967), arguing that police lacked probable cause for Smith's arrest. This issue was not presented to the district court, and our review of the record discloses that this appeal is without merit. Accordingly, we affirm.