Scribner

*634 MEMORANDUM **

William Gene Scribner appeals his conviction and sentence for possession of a listed chemical with intent to manufacture a controlled substance in violation of 21 U.S.C. § 841 (c)(1). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm his conviction. We remand his sentence under United States v. Ameline. 1 Because the parties are familiar with the facts, we do not recount them here.

The district court properly denied Scribner’s motion to dismiss based on outrageous government conduct. 2 The Government’s conduct was not outrageous because the Government did not “initiate the criminal activity,” but merely worked in concert with Scribner and his co-defendant.

The district court properly denied Scribner’s request for a jury instruction on entrapment. 4 An entrapment instruction was not warranted because no evidence indicated that the Government induced Scribner to participate in criminal activity. 5 Accordingly, we affirm Scribner’s conviction.

We review Scribner’s unpreserved Booker claim for plain error. 6 We cannot determine from the record whether the district court would have imposed a materially different sentence if it had known that the…