United States of America, Plaintiff-appellee, v. Charles Thomas Ellis, A/k/a Shawn Delawder, Defendant-appellant, 21 F.3d 425 (4th Cir. 1994)

Charles Thomas Ellis appeals his conviction for aiding and abetting, and distribution of crack cocaine within 1000 feet of real property comprising a school, in violation of 18 U.S.C.Sec. 2 (1988); 21 U.S.C. § 841(a) (1) (1988); 21 U.S.C.A. Sec. 860 (West Supp.1993). Ellis's attorney has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), contending that the evidence was insufficient to convict Ellis, but asserting that there are no meritorious issues for appeal. Ellis was notified of his right to file a supplemental brief, but has not done so.

In accordance with the requirements of Anders, we have examined the entire record and find no meritorious issues for appeal. We find that substantial evidence supports the jury's verdict that Ellis was involved in the sale of crack to undercover agents. See Jackson v. Virginia, 443 U.S. 307, 319 (1979); Glasser v. United States, 315 U.S. 60, 80 (1942). Specifically, Ellis was identified by one of the undercover officers and the government informant as the person who sold drugs to the officers near the school, and a lab report positively identified the drugs as crack cocaine.^* 

We deny defense counsel's motion to withdraw. Pursuant to the plan adopted by the Fourth Circuit Judicial Council in implementation of the Criminal Justice Act of 1964 (18 U.S.C.A.Sec. 3006A (West 1985 & Supp.1993)), this Court requires that counsel inform her client, in writing, of his right to petition the Supreme Court for further review. If requested by her client to do so, counsel should prepare a timely petition for a writ of certiorari and take such steps as are necessary to protect the rights of her 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