UNITED STATES of America, Plaintiff-Appellee, v. Brian Edward BUTLER, Defendant-Appellant
Court of Appeals for the Ninth Circuit
1Opinion of the Court
ALARCÓN, Circuit Judge:
Brian Edward Butler was convicted of possession of cocaine base, a controlled substance. He was sentenced to a term of five years’ imprisonment pursuant to 21 U.S.C. § 844(a). Prior to trial, he moved to suppress evidence that cocaine base was found concealed in his underwear during the booking process. He contends that a reversal is compelled because the officers did not have probable cause to arrest him.
He also argues that the imposition of a felony sentence for simple possession of a controlled substance must be reversed because the district court failed to instruct…
Also in this document: Concurring in part, dissenting in part.
2Cases cited24 opinions
- Illinois v. GatesSupreme Court of the United States · 1983
- Franks v. DelawareSupreme Court of the United States · 1978
- Morissette v. United StatesSupreme Court of the United States · 1952
- Walton v. ArizonaSupreme Court of the United States · 1990
- Spaziano v. FloridaSupreme Court of the United States · 1984
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3Cited by56 opinions
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- United States v. Paul Frederick LaneyCourt of Appeals for the Ninth Circuit · 1999
- United States v. Douglas JensenCourt of Appeals for the Ninth Circuit · 2005
- United States v. Otis W. Fellows, IIICourt of Appeals for the Ninth Circuit · 1998
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