United States v. Daryl S. Butler

ROSS, Circuit Judge.

Daryl S. Butler appeals from a judgment of the district court entered after a jury found him guilty of possession with the intent to distribute marijuana and of v. inspiracy, in violation of 21 U.S.C. i'j 841(a), 846, and the court sentenced him to 70 months imprisonment for both counts. Butler challenges the sufficiency of the evidence supporting his convictions and the district court’s drug quantity finding supporting his sentence. We affirm the convictions but vacate his sentence and remand for further proceedings.

FACTS

The government’s evidence was as follows. In May…