United States v. Pembrook

FBI Agent Max began his investigation of two similar Michigan jewelry-store robberies—separated by 150 miles—with a chronological list of every phone number that used particular communications towers for any purpose (voice call, text, internet connection, etc.) regardless of provider (e.g., Verizon, AT&T). The “tower dump” evidence was obtained pursuant to the Stored Communications Act, 18 U.S.C. 2703(d). The FBI also had witness statements and surveillance videos from the robberies. The information led to the four defendants, who were convicted of Hobbs Act robbery, 18 U.S.C. 1951(a); use of a firearm in furtherance of the robbery, 924(c)(1)(A); conspiracy to commit robbery, 1951(a); use of a firearm in furtherance of the conspiracy, 924(c)(1)(A) & (C)(i); and being a felon in possession of a firearm, 922(g)(1) and 924(a)(1)(D)(2). The Sixth Circuit affirmed the convictions and sentences, rejecting arguments that a pretrial photo-array identification was unduly suggestive; upholding admission of the cell phone records under the statutory standard of “reasonable grounds to believe the records are material to an ongoing investigation”; upholding admission of expert and lay testimony about the cell-tower-location evidence; and upholding denial of a motion to sever the trials. The court noted the “overwhelming” evidence of guilt. View "United States v. Pembrook" on Justia Law