Court of Appeals for the Ninth Circuit May 29, 2007, No. 06-30440 (United States v. Franklin)

*742MEMORANDUM *

On January 17, 2006, a two-count indict- . ment was filed against the defendant-appellant in this case, Jerry B. Franklin Jr. (“Franklin”). Count One of the indictment charged Franklin with possession with intent to distribute 5 or more grams of methamphetamine. 21 U.S.C. §§ 841(a)(1), (b)(1)(B).