United States Fourth Circuit

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US v. Reed, 13-4835

In this consolidated criminal action, defendants committed a string of robberies, during which they unwittingly took three GPS tracking devices embedded in stolen cash. The GPS devices led police to the four defendants in this case, and defendants were ultimately convicted at a jury trial for multiple offenses. The judgment is affirmed, where: 1) Exhibit 45, a map created using data from defendants' cell phones, was properly admitted into evidence as the government provided a foundation to authenticate each phone as belonging to a certain defendant, and thus Exhibit 45 was not in violation of Federal Rule of Evidence 901(a), the evidence makes it more probable that they committed the robberies and thus Exhibit 45 was plainly relevant under Rule 401, and any prejudice from using names rather than numbers does not substantially outweigh Exhibit 45's probative value; 2) even if the court erred in labeling a bag which contained defendant Dyer's cell phone (thus connecting ownership of the phone to him), it was harmless, as the government could still connect the phone to Dyer based on its internal data; and 3) there was sufficient evidence to convict defendants on every charged offense.

Appellate Information

  • Decided 03/11/2015
  • Published 03/11/2015


  • Floyd


  • United States Fourth Circuit


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