United States First Circuit

Conviction for possessing and conspiring to distribute the controlled drug ecstasy is affirmed over defendant's arguments that: 1) the district court should have suppressed evidence gleaned from the warrantless seizure of his cell phone; and 2) unexpected testimony by a government witness that Diaz had illegally entered the U.S. necessitated a mistrial.

Appellate Information

• Decided 07/19/2007
• Published 07/19/2007

Judges

• HOWARD, Circuit Judge., Before LYNCH, Circuit Judge, STAHL, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Leslie W. O'Brien for appellant.


• For Appellees:
  
• Andrew E. Lelling, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief, for appellee.