Appellants. Anna Mills Wagoner, United States Attorney, Sandra J.
Hairston, Assistant United States Attorney, Greensboro, North Caro-
lina, for Appellee.
Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).
Melvin Dewayne Harris pleaded guilty to conspiring to sell cocaine
base, and distributing 54.4 grams of cocaine base, in violation of 21
U.S.C. §§ 841(a)(1), 846 (2000). Harris was sentenced to two concur-
rent terms of 320 months incarceration and ten years of supervised
release. Randy Richard Brooks pleaded guilty to distributing 54.3
grams of cocaine base, in violation of 21 U.S.C. § 841(a)(1) (2000).
Brooks was sentenced to 120 months incarceration and five years of
supervised release. Harris and Brooks have timely appealed their sen-
tences; their attorneys have each filed briefs in accordance with
Anders v. California, 386 U.S. 738 (1967), and Harris and Brooks
have also filed pro se supplemental briefs.
First, the attorneys for Harris and Brooks argue the district court
erred in determining their sentences by failing to grant downward
departures. There is no basis for concluding the district court was
unaware of its authority to grant either Appellant a downward depar-
ture, and consequently, this issue is not subject to appellate review.
United States v. Bailey, 975 F.2d 1028, 1035 (4th Cir. 1992); United
States v. Bayerle, 898 F.2d 28, 31 (4th Cir. 1990).
Second, Harris argues in his pro se informal brief that the district
court erred in enhancing his offense level based on his leadership role
in the drug conspiracy, and that his counsel was ineffective for failing
to raise this challenge on appeal. These claims are meritless. Harris
provided drugs to five co-conspirators as part of an extensive conspir-