U.S. v. Thomas

In prosecution on kidnapping charges arising out of defendant’s kidnapping of children of former girlfriend in effort to recover cash and drugs he believed that girlfriend had taken, Dist. Ct. did not err in admitting three statements from former girlfriend that suggested that defendant was involved in uncharged criminal conduct involving prostitution, drug activity and physical assault. References to such conduct played no role in jury’s conviction given strength of evidence against defendant, and prosecution took efforts to advise girlfriend not to refer to uncharged conduct when testifying on behalf of govt. Moreover, defendant failed to ask Dist. Ct. to provide curative instruction for jury to ignore statements made by girlfriend that might run afoul of Rule 404(b). Also, Dist. Ct. did not commit plain error by admitting evidence regarding defendant’s cell-phone location that was obtained without warrant. Defendant must show good cause for failing to file motion to suppress said evidence, and defendant’s argument that he did not file such motion because of Circuit Court split on admissibility of such evidence did not provide good cause for failing to file motion to suppress. Too, Dist. Ct. did not err in sentencing defendant to life sentence, where his offense level was calculated at nine steps above top range for recommendation for imposing life term. Fact that defendant had asserted that Dist. Ct. erred in imposing two, two-level enhancements did not require remand for new sentencing hearing under instant plain error standard of review, since any successful argument would not have altered sentencing range.