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IN RE U.S. FOR HISTORICAL CELL SITE DATA

No. 11-20884.

724 F.3d 600 (2013)

In re Application of the UNITED STATES of America FOR HISTORICAL CELL SITE DATA. United States of America, Appellant.

United States Court of Appeals, Fifth Circuit.

July 30, 2013.

Attorney(s) appearing for the Case

Nathan Paul Judish (argued), U.S. Department of Justice, Washington, DC, James Lee Turner , Assistant U.S. Attorney, U.S. Attorney's Office, Houston, TX, for Appellant.

Matthew Zimmerman, Esq. , Hanni Meena Fakhoury, Esq. (argued), Attorney, San Francisco, CA, for Amicus Curiae, Electronic Frontier Foundation.

Catherine Newby Crump , American Civil Liberties Union Foundation of New York, New York, NY, for Amicus Curiae, American Civil Liberties Union Foundation.

Rebecca L. Robertson , Attorney, Houston, TX, for Amicus Curiae, American Civil Liberties Union Foundation of Texas.

Susan Allison Freiwald (argued), San Francisco, CA, pro se.

Marc Rotenberg , Washington, DC, for Amicus Curiae, Electronic Privacy Information Center.

Before REAVLEY, DENNIS, and CLEMENT, Circuit Judges.

EDITH BROWN CLEMENT, Circuit Judge:

We are called on to decide whether court orders authorized by the Stored Communications Act to compel cell phone service providers to produce the historical cell site information of their subscribers are per se unconstitutional. We hold that they are not.

I. FACTUAL AND PROCEDURAL BACKGROUND

In early October 2010, the United States filed three applications under § 2703(d) of the Stored Communications Act ...

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