Labuff

MEMORANDUM *

Levi Samuel LaBuff appeals his jury conviction and sentence of 108 months for one count of possession with intent to distribute methamphetamine within 1,000 feet of a school, in violation of 21 U.S.C. §§ 841 (a)(1) and 860(a), and one count of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g)(1).

We have jurisdiction under 28 U.S.C. § 1291 . We affirm the district court’s or *680 der denying LaBuffs motion to suppress. We reverse LaBuffs conviction for possession with intent to distribute methamphetamine and remand for a new trial on this charge for failure to give an instruction on the lesser included offense of simple possession. We also affirm LaBuffs conviction for being a felon in possession of a firearm. Because we are remanding for a new trial, and LaBuff will need to be re-sentenced after the new trial, we do not reach LaBuffs argument that the calculation of his sentence was improper.

I Facts and Proceedings

Because the parties are familiar with the facts, we do not recite them in detail except as necessary. On July 9, 2001, FBI Special Agent Bradley Michael and a team of law enforcement officers served a search warrant for,…