U.S. v. DIAZ

No. 05-1990.

494 F.3d 221 (2007)

UNITED STATES of America, Appellee, v. Carlos DIAZ, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided July 19, 2007.


Attorney(s) appearing for the Case

Leslie W. O'Brien for appellant.

Andrew E. Lelling, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief, for appellee.

Before LYNCH, Circuit Judge, STAHL, Senior Circuit Judge, and HOWARD, Circuit Judge.


HOWARD, Circuit Judge.

Carlos Diaz appeals his conviction on charges of possessing and conspiring to distribute the controlled drug ecstasy. Diaz claims that (1) the district court should have suppressed evidence gleaned from the warrantless seizure of his cell phone, and (2) unexpected testimony by a government witness that Diaz had illegally entered the United States necessitated a mistrial. We affirm.

I.

...

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