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222733P.pdf   06/27/2023  United States  v.  Jeffery Moore
   U.S. Court of Appeals Case No:  22-2733
   U.S. District Court for the District of South Dakota - Southern   
[PUBLISHED] [Shepherd, Author, with Erickson and Grasz, Circuit Judges] Criminal case - Criminal law. The district court did not err in admitting text messages between defendant and woman to whom he sold drugs who subsequently died of an overdose, as the evidence was sufficient to show the phone was in substantially the same condition as when the crime was committed; while the phone had reset after the victim's death and reloaded backed-up messages, the restored text messages were in exactly the same state as they were when law enforcement first seized the phone; evidence was sufficient to support defendant's convictions for conspiracy to distribute heroin and two counts of distributing heroin resulting in death.