223140P.pdf   07/24/2023  United States  v.  Jerry Wise
   U.S. Court of Appeals Case No:  22-3140
   U.S. District Court for the District of South Dakota - Southern   
   [PUBLISHED] [Erickson, Author, with Loken and Kobes, Circuit Judges] 
   Criminal case - Criminal law. Circumstantial evidence may be used to 
   authenticate a phone, such as the burner phone the government claimed 
   belonged to defendant, and the jury could determine that the same user 
   controlled the phone during the entire time it was activated and that 
   defendant was that user; admission of a photo found on the phone was 
   proper as it demonstrated an awareness of and involvement in 
   methamphetamine trafficking; the government agent's testimony regarding 
   the phone was within the scope of the government's expert notice and was 
   proper expert testimony; the district court did not err in refusing to 
   allow defendant to introduce his state court marijuana conviction arising 
   out of the arrest as defendant was able to assert his defense theory 
   without the evidence and the refusal, if error, was harmless.