United States v. Lloyd Eugene Butcher

Lloyd Eugene Butcher (Butcher) appeals from his conviction for being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). Butcher claims that (1) the district erred in denying his motion to suppress evidence obtained as a result of his unlawful arrest; (2) the district court abused its discretion in permitting the government to offer evidence of illegal narcotics found in his possession and other guns found at his residence, and in failing adequately to instruct the jury on the limited purpose of the admission of the evidence; (3) the district court abused its discretion by refusing to allow him to present surrebuttal testimony; and (4) the district court erred by considering his past convictions to enhance his sentence in the absence of a proper showing that he understood the nature of the offenses to which he pleaded guilty or nolo contendere. We disagree and affirm.

I. FACTUAL BACKGROUND

Butcher was arrested on May 23,1988 by Special Agent James E. Connor, California Department of Correction, for parole violation. Immediately prior to his arrest Butcher’s residence was under surveillance by Connor, and Los Angeles Deputy Sheriffs Roger Harryman and Alan…