742 Fed.Appx. 244 (9th Cir. 2018), 17-50237, United States v. Torres

Docket Nº:17-50237
Citation:742 Fed.Appx. 244
Party Name:UNITED STATES of America, Plaintiff-Appellant, v. Ismael TORRES, Defendant-Appellee.
Attorney:Veronica Dragalin, Assistant U.S. Attorney, Veronica Alegria, L. Ashley Aull, Assistant U.S. Attorney, Mack Jenkins, DOJ— Office of the U.S. Attorney, Los Angeles, CA, for Plaintiff-Appellant Lawrence S. Strauss, Esquire, Attorney, Law Offices of Lawrence S. Strauss, Beverly Hills, CA, for Defend...
Judge Panel:Before: IKUTA and N.R. SMITH, Circuit Judges, and McNAMEE, District Judge.
Case Date:July 19, 2018
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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Page 244

742 Fed.Appx. 244 (9th Cir. 2018)

UNITED STATES of America, Plaintiff-Appellant,

v.

Ismael TORRES, Defendant-Appellee.

No. 17-50237

United States Court of Appeals, Ninth Circuit

July 19, 2018

Argued and Submitted July 12, 2018 Pasadena, California

Editorial Note:

Governing the citation to unpublished opinions please refer to federal rules of appellate procedure rule 32.1. See also U.S.Ct. of App. 9th Cir. Rule 36-3.

Appeal from the United States District Court for the Central District of California, Manuel L. Real, District Judge, Presiding, D.C. No. 2:17-cr-00067-R-4

Veronica Dragalin, Assistant U.S. Attorney, Veronica Alegria, L. Ashley Aull, Assistant U.S. Attorney, Mack Jenkins, DOJ— Office of the U.S. Attorney, Los Angeles, CA, for Plaintiff-Appellant

Lawrence S. Strauss, Esquire, Attorney, Law Offices of Lawrence S. Strauss, Beverly Hills, CA, for Defendant-Appellee

Before: IKUTA and N.R. SMITH, Circuit Judges, and McNAMEE,[*] District Judge.

Page 245

MEMORANDUM[**]

1. The district court erred in granting Torres’s motion in limine, which excluded text messages between Torres and an alleged co-conspirator; recordings of meetings between an undercover agent and co-conspirators; and a recording of a meeting between Torres, an alleged co-conspirator, and an undercover agent.1

A. Sufficient circumstantial evidence exists to connect Torres to the referenced cell phone number. See United States v. Black, 767 F.2d 1334, 1342 (9th Cir. 1985) (requiring the government to "make a prima facie showing of authenticity"). First, the cell phone number was used in booking the flight to Hawaii for Torres. Second, the cell phone was located in both Los Angeles and Hawaii on January 24, 2017 (the date of Torress flight). Third, the text messages establish that a known conspirator and the person using the cell phone agreed to make flight reservations from Los Angeles to Hawaii on January 23, for flights on January 24. Fourth, a text message was sent from the referenced cell phone number with a hotel reservation in Hawaii for January 24-25. Finally, Torres personally arrived in Hawaii with a known conspirator on January 24. This evidence establishes a prima facie case that Torres was the user of the referenced...

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