DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
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.