FILED NOT FOR PUBLICATION MAR 09 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS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.

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