United States v. Butler

MEMORANDUM **

Timothy James Butler appeals his conviction and sentence for one count of possession with intent to distribute fifty grams or more of a substance containing a detectable amount of methamphetamine, in violation of 21 U.S.C. §§ 841 (a)(1) and 841(b)(1)(B), and one count of possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924 (c). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm the conviction and remand for resentencing in light of United States v. Booker, — U.S. -,-, 125 S.Ct. 738, 769 , 160 L.Ed.2d 621 (2005) and United States v. Ameline, 409 F.3d 1073, 1084-85 (9th Cir.2005) (en banc).

On the night of April 29, 2003, police searched a house in Boise, Idaho where Butler lived with Mike Miller. The search of Butler and his bedroom revealed a significant amount of cash, a pay/owe ledger, a cache of firearms and ammunition, plastic bags and a digital scale. In the attic above the garage, police discovered a pillowcase and plastic bag containing 373.59 grams of a substance containing a detectable amount of methamphetamine. The primary issue at trial was whether Butler or some other person had knowledge of,…