U.S. v. Lynn

In prosecution on drug conspiracy charges, Dist. Ct. did not commit plain error in admitting evidence of National Precursor Exchange System logs concerning pharmacy purchases of products containing pseudoephedrine by two of defendant's co-conspirators. Plain error standard applied since, although defendant had raised objection to admission of said logs in pretrial motion, Dist. Ct. made no ruling on said motion, and defendant failed to lodge any objection to admissibility of said logs during trial. Moreover, admission of said logs did not violate any right of confrontation, since said logs were non-testimonial in nature, because they were kept pursuant to state regulatory measures and not in response to active prosecution. Too, Dist. Ct. did not err in admitting video depicting “shake and bake” method of manufacturing methamphetamine, even though said video portrayed different method of drug production, since: (1) said video informed jury about how common household items could be used to make methamphetamine using “shake and bake” method that matched said items found at co-conspirator’s house; and (2) record showed that video was not meant to depict defendant’s exact method in making methamphetamine. Also, defendant’s two prior Illinois aggravated battery convictions qualified as “violent felonies” for purpose of sentencing defendant under section 4B1.2(a)(1) of USSG.