Criminal Law

In prosecution on charge of conspiracy to distribute methamphetamine, Dist. Ct. did not commit plain error in admitting evidence contained in defendant’s cell phone that arresting officer obtained in 2007 without having first obtained search warrant. Police had independent source for said cell phone records where: (1) police had subpoenaed defendant’s cell phone records in 2009 after they had arrested defendant after they had observed him participate in a drug transaction; and (2) instant subpoena of cell phone records was within police’s normal course of proceedings under instant circumstances.

Dist. Ct. did not err in sentencing defendant to 60-month term of incarceration, as well as imposing $1.7 million restitution order on wire fraud charges stemming from scheme where food-stamp recipients exchanged said stamps for discounted cash payments at defendant's stores. Record supported Dist. Ct.'s 16-level offense level enhancement based upon finding that govt. incurred over $1 million loss as result of instant scheme, even though defendant correctly argued that Dist. Ct. was required to subtract legitimate profit from food sales when making said assessment. Moreover, Dist. Ct. properly found that defendant was organizer of instant scheme where defendant received approximately $2 million from fraudulent food stamp redemptions, and where scheme involved hundred of customers.