FILED
NOT FOR PUBLICATION MAR 09 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 06-50199
Plaintiff - Appellee, D.C. No. CR-03-00848-RMT
v.
MEMORANDUM *
GERALD CLAIR AIKENS,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Robert M. Takasugi, District Judge, Presiding
Submitted February 16, 2010 **
Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
Gerald Clair Aikens appeals from the 130-month sentence imposed
following his guilty-plea conviction to conspiracy to manufacture more than 100
grams of actual phencyclidine (“PCP”), to aid and abet the manufacture of more
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
DAT/Research
than 100 grams of actual PCP, and to distribute more than 100 grams of actual
PCP, in violation of 21 U.S.C. §§ 846, 841(a)(1), and 18 U.S.C. § 2. We have
jurisdiction under 28 U.S.C. § 1291, and we affirm.
Pursuant to Anders v. California, 386 U.S. 738 (1967), Aikens’ counsel has
filed a brief stating there are no grounds for relief, along with a motion to withdraw
as counsel of record. Appellant has filed a pro se supplemental brief, and the
Government has filed an answering brief.
Our independent review of the record pursuant to Penson v. Ohio, 488 U.S.
75, 80-81 (1988), discloses no arguable grounds for relief on direct appeal.
Accordingly, counsel’s motion to withdraw is GRANTED, and the district
court’s judgment is AFFIRMED.
DAT/Research 2 06-50199