United States v. Reed, No. 19-2139 (8th Cir. 2020)Annotate this Case
The Eighth Circuit affirmed defendant's conviction and sentence for six counts of interference with commerce by robbery. The court held that the district court did not err in denying defendant's motion to suppress cell site location information (CSLI) obtained under the Stored Communications Act (SCA), 18 U.S.C. 2703(d). In this case, when the officers obtained the information, the Supreme Court had not yet decided Carpenter v. United States, 138 S. Ct. 2206 (2018), which held that an individual maintains a legitimate expectation of privacy in the record of his physical movements as captured through CSLI. Therefore, the evidence was admissible under the good faith exception to the exclusionary rule because the officers acted with reasonable reliance on section 2703(d) and were not on notice that the statute was unconstitutional.
The court also held that the district court did not abuse its discretion by admitting evidence of uncharged robberies as intrinsic evidence and in admitting evidence regarding a Mississippi robbery to show defendant's identity. Finally, the court held that the district court did not err by applying a sentencing enhancement under USSG 3C1.1 for obstruction of justice where defendant perjured himself at trial and attempted to coach a witness' testimony.