Aiken

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NOT FOR PUBLICATION MAR 09 2010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. §§…