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161549P.pdf   12/28/2016  United States  v.  Jaime Lora-Andres
   U.S. Court of Appeals Case No:  16-1549
   U.S. District Court for the District of South Dakota - Sioux Falls   
   [PUBLISHED] [Gruender, Author, with Colloton and Beam, Circuit Judges] 
   Criminal case - Criminal law and sentencing. When cooperators recorded 
   their phone calls with defendant, they were acting at the direction of law 
   enforcement and were "acting under color of law;" the recordings were 
   legal under 18 U.S.C. Sec. 2511(2)(c), and the district court did not err 
   in denying defendant's motion to suppress; the district court did not 
   abuse its discretion by refusing to instruct the jury that defendant faced 
   a ten-year mandatory minimum if convicted of conspiracy to distribute 500 
   or more grams of meth; no error in imposing a two-level enhancement under 
   Guidelines Sec. 3B1.1(c) for management role in the offense.