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U.S. v. BUTLER

No. 02-50182.

389 F.3d 956 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Marvin BUTLER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 23, 2004.

Attorney(s) appearing for the Case

Richard D. Rome, Esq., Van Nuys, CA, for the defendant-appellant.

Debra W. Wang, United States Attorney, Steven D. Clymer, Special Assistant, United States Attorney, Chief, Criminal Division, Curtis A. Kin, Assistant United States Attorney, Major Frauds Section, Los Angeles, CA, for the plaintiff-appellee.

Before BROWNING, RYMER, and GRABER, Circuit Judges.

BROWNING, Circuit Judge.

Marvin Butler challenges his sentence for mail fraud, money laundering, and related tax offenses.1 The issue is whether, under the United States Sentencing Guidelines (USSG), as amended on November 1, 2001, counts of mail fraud in violation of 18 U.S.C. § 1341 and money laundering in violation of 18 U.S.C. § 1957 should be grouped together. We hold that the district

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