United States of America, Plaintiff-appellee, v. James M. May, Defendant-appellant, 986 F.2d 1430 (10th Cir. 1993)

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir.R. 34.1.9. The case is therefore ordered submitted without oral argument.

This appeal is from a criminal conviction following defendant's plea of guilty to two counts of an indictment charging him with possession with intent to distribute methamphetamine and carrying a firearm during the commission of a drug trafficking crime. Defendant argues on appeal that he was not competent to enter the guilty plea because he was on pain medication and that the sentence imposed was excessive because the facts taken into account by the judge in taking the guilty plea would not support a finding that the defendant was guilty beyond a reasonable doubt. Appellant's counsel has filed a brief in his behalf pursuant to Rule 46.4 of the Rules of Appellate Procedure for this Circuit. Anders v. California, 386 U.S. 738 (1967). After reviewing the transcript of the guilty plea and sentencing proceedings, we find that this appeal has no merit and AFFIRM. The mandate shall issue forthwith.