UNITED STATES of America, Plaintiff-Appellee, v. Kenneth Raymond PAYNE, Jr., Defendant-Appellant, 36 F. App'x 74

PER CURIAM. Kenneth Raymond Payne, Jr., pled guilty under a plea agreement to one count of being a felon in possession of a firearm in violation of 18 U.S.C.A. §§ 922(g)(1), 924(a)(2) (West 2000). The district court sentenced him to 120 months in prison and three years of supervised release. The district court ordered the sentence to run concurrently with the twelve-month sentence Payne was serving for possession with intent to sell and deliver cocaine and possession of stolen goods, and consecutively to all other state sentences he was currently serving.

Payne’s attorney filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), raising the issue of whether Payne’s sentence was unfairly harsh. Payne was informed of his right to file a pro se supplemental brief but has not done so. In accordance with Anders, we have reviewed the entire record and have found no meritorious issues for appeal. We therefore affirm Payne’s conviction and sentence. We deny counsel’s motion to withdraw and require that counsel inform Ms client, in writing, of Ms rigM to petition the Supreme Court of the Umted States for further review.

If the client requests that a petition be filed, but counsel believes that such petition would be frivolous, then counsel may move in this court for leave to withdraw from representation. Counsel’s motion must state that a copy thereof was served on the client. We dispense with oral argument because the facts and legal contentions are adequately presented m the materials before the court and argument would not aid the decisional process. AFFIRMED.