United States v. Fred Primus

FILED

NOT FOR PUBLICATION DEC 27 2010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. 09-50539

Plaintiff - Appellee, D.C. No. 2:08-cr-00081-RHW-

v.

MEMORANDUM *

FRED PRIMUS,

Defendant - Appellant.

Appeal from the United States District Court for the Central District of California Robert H. Whaley, Senior District Judge, Presiding

Submitted December 14, 2010 **

Before: GOODWIN, WALLACE, and THOMAS, Circuit Judges.

Fred Primus, a federal prisoner, appeals his 5-year sentence for conspiracy to

distribute at least 100 grams of phencyclidine (PCP) in violation of 21 U.S.C. §§

846 and 841(a)(1). We have jurisdiction pursuant to 18 U.S.C. § 3742(a) and

* 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). U.S.C. § 1291. We review de novo “[t]he construction or interpretation of a

statute,” United States v. Cabaccang,…