Methamphetamine Conviction Affirmed
In US v. Yeley-Davis, No. 10-8000, the court affirmed defendant's conviction and sentence for conspiracy to possess with intent to distribute, and to distribute, over 500 grams of a mixture or substance containing a detectable amount of methamphetamine where 1) because neither defendant's cell phone records nor their authenticating documents were testimonial, no Confrontation Clause violation occurred; 2) defendant's mandatory life sentence pursuant to 21 U.S.C. section 841(b)(1)(A) did not violate the Eighth Amendment; and 3) admitting lay testimony about how cell phones worked did not have a substantial impact on the outcome of the case, and therefore the error was harmless and did not warrant reversal.
As the court wrote: "Defendant-Appellant Cynthia Yeley-Davis appeals from her conviction and sentence of life imprisonment for conspiracy to possess with intent to distribute, and to distribute, over 500 grams of a mixture or substance containing a detectable amount of methamphetamine. 21 U.S.C. §§ 841(a)(1), (b)(1)(A), 846. On appeal, she argues that the trial court made several evidentiary errors and imposed an improper sentence. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a), and we affirm."
- Read the Tenth Circuit's Decision in US v. Yeley-Davis, No. 10-8000