Notable Cases

Carpenter v. United States, 138 S Ct 2206 (2018)

The US District Court denied a pre-trial motion to suppress Cell Site Location Information (CSLI) that used cell tower tracking data to locate the defendant near the scene of several robberies. The Court of Appeals affirmed holding the data were like business records that deserved no Fourth Amendment protection. The United States Supreme Court granted Certiorari. On July 24, 2018, the Supreme Court reversed. It held that an individual has a legitimate expectation of privacy for Fourth Amendment purposes in the records of physical movements captured through CSLI. On remand, the appeals court affirmed the defendant’s conviction but vacated his sentence in light of Dean v. United States, 137 S Ct 1170 (2017), because the trial court had not taken mandatory gun violation sentences into account when sentencing the defendant, and sent the case back to the trial court for re-sentencing.

The story of the Carpenter case was the subject of an article in Dbusiness magazine, Cellular Defense, by Norman Sinclair, July 16, 2019.

Calhoun v. United States

The defendant was convicted on federal robbery charges after a lengthy trial. His conviction was affirmed on appeal. The United States Supreme Court granted Certiorari, on November 2, 2018, vacated the lower court judgment and remanded for further consideration in light of Sessions v. Dimaya, 138 S Ct 1204 (2018).

Jefferson v. United States

The defendant was convicted of racketeering and gun charges after a lengthy trial. His conviction was affirmed on appeal. The US Supreme Court granted certiorari on June 28, 2019, vacated the lower court judgment and remanded for further consideration in light of United States v. Davis, 139 S Ct 2319 (2019). On remand, the appeals court vacated the gun conviction and remanded to the trial court for resentencing.