United States v. Butler

927 F.2d 611 Unpublished Disposition NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Roger Oliver BUTLER, Defendant-Appellant. 1 No. 87-5113. 2 United States Court of Appeals, Ninth Circuit. Submitted Nov. 7, 1990. * Decided Feb. 21, 1991. 3 Appeal from the United States District Court for the Central District of California; No. CR-86-1138-ER, Edward Rafeedie, District Judge, Presiding. 4 C.D.Cal. 5 AFFIRMED. 6 Before D.W. NELSON, REINHARDT, Circuit Judges, and SINGLETON, ** District Court Judge. 7 MEMORANDUM *** 8 Roger Butler appeals from a final judgment of conviction, following a jury trial, for robbery of a mail custodian, see 18 U.S.C. Sec. 2114 , and theft of postal property, see 18 U.S.C. Sec. 1707 . Butler claims that the district court erred in denying his motion for judgment of acquittal based on insufficiency of the evidence. I. Facts 9 At approximately 10:15 a.m. on December 9, 1986, a robber entered the Muscoy…