United States v. Barber, No. 18-2803 (7th Cir. 2019)
Annotate this CaseBarber and Chipps used a crow‐bar to break into Dutchman Hunting Supplies in Shipshewana, Indiana, and steal 15 handguns. They set off the alarm during the robbery and were easily identified by shop employees because they had scouted out Dutchman earlier that day. In addition, Barber discussed the robbery on Facebook Messenger. Barber was indicted on charges of stealing firearms from a federally licensed firearms dealer, possessing firearms as a felon, and possessing stolen firearms, 18 U.S.C. 922(u), (g)(1), and (j). Chipps cooperated with the government and testified at trial against Barber. In addition, the government introduced the Facebook messages and cell‐location data for Barber’s phone, placing him near Dutchman at the time of the robbery. The jury convicted him. The court sentenced him to 210 months’ imprisonment, reflecting a two‐level enhancement in his offense level for obstruction of justice based on a message scratched on a courthouse bench: TELL ANTHONY CHIPPS TO THINK B4 H GET ON THERE N LIE. The Seventh Circuit affirmed, upholding the admission of the Facebook records, cell‐location data, and a certificate indicating that Dutchman had a firearms license and the application of the obstruction enhancement. The court rejected a Confrontation Clause challenge and an authentication argument
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