Davis

I. BACKGROUND

Brock-Davis was charged with conspiracy to manufacture methamphetamine in violation of 21 U.S.C. § 841(a)(1) and 846 (Count 1), and several fraud and identity theft counts (Counts 2 through 5). She pled guilty without a plea agree- ment to Counts 1 through 4, and Count 5 was dismissed with prejudice upon the government’s motion. Count 1 charged that the conspiracy between Brock-Davis and her co- defendant, Perry Carl Willingham, occurred “[o]n or about October 18, 2005, at or around Missoula, in the State and Dis- trict of Montana.”

As outlined at the plea colloquy, Brock-Davis and Wil- lingham checked into a motel room in Missoula, Montana, on October 15, 2005. While they were absent from the room, on 1 Brock-Davis also raises a claim under Booker v. United States, 543 U.S. 220 (2005), but she acknowledges that this claim is barred by current Circuit precedent, see United States v. Bussell, 414 F.3d 1048, 1060 (9th Cir. 2005) (“In contrast to its application of the Sentencing Guidelines, the district court’s orders of restitution and costs are unaffected by the changes worked by Booker.”), and she wishes simply to preserve it. We note that the claim is…