U.S. v. Barber
In prosecution on firearm charges, Dist. Ct. erred in admitting signed statements from ATF officials representing that firearm store, where theft occurred, was licensed at time when robbery took place, since said statements were testimonial under Crawford, 541 U.S. 36 and went beyond simple authentication of license. Moreover, defendant had no opportunity to cross-examine said officials. However, error was harmless, where store’s owner identified said license and verified its current status. Also, Dist. Ct. properly admitted evidence from defendant’s Facebook account, where evidence contained presence of nickname, date of birth, address and email address and photos linked to defendant, as well as links to defendant’s girlfriend and cell phone, which were sufficient to establish that account belonged to defendant. Too, defendant forfeited issue that his cell phone records should have been suppressed due to police's failure to obtain search warrant prior to gathering cell phone information, where defendant failed to raise issue in pre-trial motion or at trial, and defendant failed to establish good cause for failing to do so. Finally, Dist. Ct. could impose two-level obstruction of justice enhancement, where defendant scratched message to tell witness “think B4 H[e]” testifies, because it conveyed message to reconsider what witness was about to do and then not do it.