Court of Appeals for the Ninth Circuit June 23, 2009, No. 08-10027 (United States v. Mitchell)

*651MEMORANDUM *

Mitchell challenges his conviction and sentence on various narcotics-related offenses. We have jurisdiction pursuant to 18 U.S.C. § 3742 and 28 U.S.C. § 1291, and we uphold both his conviction and sentence.1

First, Mitchell argues that “[a]s applied in this case, the sentencing scheme [provided in 21 U.S.C.