U.S. v. GRAHAM

Nos. 12-4659, 12-4825.

796 F.3d 332 (2015)

UNITED STATES of America, Plaintiff-Appellee, v. Aaron GRAHAM, Defendant-Appellant. Electronic Frontier Foundation; National Association of Criminal Defense Lawyers; American Civil Liberties Union Foundation of Maryland; Center for Democracy & Technology; American Civil Liberties Union Foundation, Amici Supporting Appellant. United States of America, Plaintiff-Appellee, v. Eric Jordan, Defendant-Appellant. Electronic Frontier Foundation; National Association Of Criminal Defense Lawyers; American Civil Liberties Union Foundation of Maryland; Center for Democracy & Technology; American Civil Liberties Union Foundation, Amici Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: August 5, 2015.


Attorney(s) appearing for the Case

ARGUED: Meghan Suzanne Skelton , Office of the Federal Public Defender, Greenbelt, Maryland; Ruth J. Vernet , Ruth J Vernet, Esq., LLC, Rockville, Maryland, for Appellants. Rod J. Rosenstein , Office of the United States Attorney, Baltimore, Maryland, for Appellee. ON BRIEF: James Wyda , Federal Public Defender, Office of the Federal Public Defender, Baltimore, Maryland, for Appellant Aaron Graham. Nathan Judish , Computer Crime & Intellectual Property Section, United States Department of Justice, Washington, D.C.; Benjamin M. Block , Assistant United States Attorney, Baltimore, Maryland, Sujit Raman , Chief of Appeals, Office of the United States Attorney, Greenbelt, Maryland, for Appellee. Nathan Freed Wessler , Catherine Crump , Ben Wizner , American Civil Liberties Union Foundation, New York, New York; David R. Rocah , American Civil Liberties Union Foundation of Maryland, Baltimore, Maryland; Kevin S. Bankston , Gregory T. Nojeim , Center for Democracy & TECHNOLOGY, Washington, D.C.; Thomas K. Maher , Vice-Chair, 4th Circuit Amicus Committee, National Association of Criminal Defense Lawyers, Durham, North Carolina; Hanni Fakhoury , Electronic Frontier Foundation, San Francisco, California, for Amici Curiae.

Affirmed by published opinion. Senior Judge DAVIS wrote the majority opinion, in which Judge THACKER joined. Judge THACKER wrote a separate concurring opinion. Judge MOTZ wrote an opinion dissenting in part and concurring in the judgment.


Appellants Aaron Graham and Eric Jordan appeal their convictions for several offenses arising from a series of armed robberies. Specifically, Appellants challenge the district court's admission of testimonial and documentary evidence relating to cell site location information ("CSLI") recorded by their cell phone service...

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