United States Tenth Circuit

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US v. Yeley-Davis, 10-8000

Defendant's conviction and sentence for conspiracy to possess with intent to distribute, and to distribute, over 500 grams of a mixture or substance containing a detectable amount of methamphetamine, is affirmed where: 1) because neither defendant's cell phone records nor their authenticating documents were testimonial, no Confrontation Clause violation occurred; 2) defendant's mandatory life sentence pursuant to 21 U.S.C. section 841(b)(1)(A) did not violate the Eighth Amendment; and 3) admitting lay testimony about how cell phones worked did not have a substantial impact on the outcome of the case, and therefore the error was harmless and did not warrant reversal.

Appellate Information

  • Decided 01/20/2011
  • Published 01/20/2011

Judges

  • Paul J. Kelly Jr.

Court

  • United States Tenth Circuit

Counsel

  • For Appellant:
  • Ronald Pretty, Randall Carnahan