United States v. Walter Howard Butler

10 F.3d 808 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Walter Howard BUTLER, Defendant-Appellant. No. 92-30466. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 4, 1993. Decided Nov. 23, 1993. 1 Before: REINHARDT, BRUNETTI and FERNANDEZ, Circuit Judges 2 MEMORANDUM * 3 Walter Howard Butler appeals his conviction of two counts of distribution of cocaine in violation of 21 U.S.C. Sec. 841 (a)(1). He contends that the district court erred in denying his motions to dismiss the indictment based on alleged outrageous governmental conduct and in excluding extrinsic evidence of the informant's drug use and drug dealing. He also claims that the district court clearly erred in calculating Butler's offense level by denying a minor participant reduction pursuant to United States Sentencing Commission, Guidelines Manual, Sec. 3B1.2(b) (Nov. 1991). We affirm. DISCUSSION A. Outrageous Governmental Conduct 4…