United States v. Towns, Jr., No. 11-50948 (5th Cir. 2013)
Annotate this CaseDefendant challenged his conviction and sentence for conspiracy to manufacture methamphetamine and conspiracy to possess and distribute pseudoephedrine. Defendant primarily argued that some of the evidence against him - the pseudoephedrine logs - were introduced in violation of the business records exception to the hearsay rule and the Sixth Amendment's confrontation clause. The court affirmed the conviction because the purchase transaction logs conformed to Federal Rule of Evidence (FRE) 803(6), and because the Supreme Court's decision in Melendez-Diaz v. Massachusetts approved the use of nontestimonial business records without a live witness. The court also found no reversible error in the refusal of a safety valve sentence reduction and affirmed the sentence.
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