Showing posts with label Cell phones. Show all posts
Showing posts with label Cell phones. Show all posts

Sixth Circuit: United States v. Jason Rosales

 

Sufficient evidence for drug conspiracy, since, despite the fact that drugs were never mentioned between the the two, the structure and manner of the single transaction, combined with the amount of drugs involved, would allow a reasonable finder of fact to convict.  Deft's version of events did not have to be disproven.

Given statutory mandatory minimums, sentencing instructions that looked to the whole conspiracy to establish drug quantities, rather than calculating the amount that each defendant was either responsible for or might reasonably have thought to be involved was harmless error, as there was only a single unit involved in the single transaction.

For the Obstruction of Justice sentencing bump, the court needed to make specific findings of the material hindrance to the investigation caused by deft's throwing the cell phone against the ground; although the sentence ultimately varied downward, remanded for reconsideration.


United States v. Jason Rosales

Seventh Circuit: USA v. Robert L. Berrios

 

Although there was insufficient circuit precedent on the question to allow for the good-faith exception to cell phone searches prior to the Supreme Court holding limiting them, the admission of the evidence from the search was harmless error.


USA v.  Robert L. Berrios


NB:  Prior to this post, cell phone cases, including historical location data, were tagged under "Computer Law."