United States v. Cleveland

The Sixth Circuit affirmed defendant's conviction for conspiring and attempting to possess, as well as possessing, cocaine with the intent to distribute it. The court held that the district court did not err by denying defendant's motion to exclude data obtained from his cell phone where the warrant's execution deadline established only the date by when the cellphone needed to be shipped to the data extraction laboratory to initiate the analysis of the phone's data, not when the extraction itself had to occur; the district court did not plainly err in overruling defendant's Batson objection to a peremptory juror challenge where there was no evidence of discriminatory intent inherent in the government's proffered explanation and defendant made no attempt to argue to the district court that the explanation was a pretext for discrimination; the testimony regarding the firearm found at the residence was admissible evidence indicative of the drug-trafficking conspiracy; and the government's comments did not constitute misconduct or rise to the level of argument that might mislead or inflame the jury concerning its duty. View "United States v. Cleveland" on Justia Law