171335P.pdf   10/22/2018  United States  v.  Marcos De La Torre
   U.S. Court of Appeals Case No:  17-1335
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Smith, Chief Judge, Author, with Beam and Colloton, Circuit 
   Judges] 
   Criminal Case - conviction. In this direct criminal appeal, the district 
   court did not err in denying the motion to suppress, as the facts support 
   the finding of a fair probability that evidence of a drug crime would be 
   found in the location; there was no error in denying the motion to dismiss 
   on Speedy Trial Act grounds, as more than enough time was excludable due 
   to pending motions or pretrial motions to avoid a violation; the district 
   court did not abuse its discretion in admitting into evidence a poor 
   quality recording, as it was sufficient to provide the jury with the gist 
   of the conversation and there was no plain error in giving the jury the 
   limiting instruction to prevent consideration of inadmissible hearsay; 
   admission of text messages was not error as witness qualified as a 
   coconspirator and the messages were not hearsay; sufficient evidence 
   supported the verdicts.