United States v. Yeley-Davis
632 F.3d 673
| 10th Cir. | 2011Background
- Defendant Yeley-Davis was indicted July 23, 2009, with co-conspirators Roman Cortez-Nieto and Adan Torres-Leos.
- Evidence at trial included Exhibit 5: Verizon cell phone toll records for Yeley-Davis and co-conspirators and six charts summarizing data.
- A notebook (Exhibit 35) and cell phone photos (Exhibit 36) linked Yeley-Davis to the conspiracy; photo arrays aided identification.
- Jury convicted Yeley-Davis on Sept. 11, 2009; sentencing sought mandatory life under 21 U.S.C. § 841(b)(1)(A) based on two prior felony drug convictions and conspiracy over 500 grams.
- District court sentenced Yeley-Davis to life imprisonment, 10 years supervised release, and fines; she appealed on confrontation, sentencing, and cumulative-error grounds.
- The appeal challenged Exhibit 5’s admissibility under the Confrontation Clause and the constitutionality of the life sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Confrontation Clause applicability of Exhibit 5 | Yeley-Davis | Yeley-Davis contends Exhibit 5 is testimonial | Exhibit 5 non-testimonial; no confrontation violation |
| Business-records vs. testimonial nature | Government | Records may be testimonial | Rule 902(11) certifications not testimonial; records admissible as business records |
| Prior felony drug offense for § 841(b)(1)(A) enhancement | Government | 6-5-208 not a felony drug offense | Conviction under 6-5-208 fits felony-drug-offense definition; enhancement proper |
| Eighth Amendment proportionality of life sentence | Government | Life sentence is disproportionate | Mandatory life sentence under § 841(b)(1)(A) does not violate the Eighth Amendment |
Key Cases Cited
- Crawford v. Washington, 541 U.S. 36 (U.S. 2004) (confrontation guarantees testimonial evidence rules)
- Melendez-Diaz v. Massachusetts, 129 S. Ct. 2527 (S. Ct. 2009) (business records not testimonial; affidavits distinguishing evidence against defendant)
- United States v. Pursley, 577 F.3d 1204 (10th Cir. 2009) (testimonial nature of out-of-court statements in records)
- United States v. Pablo, 625 F.3d 1285 (10th Cir. 2010) (defining testimonial statements; Crawford framework application)
- Ellis v. United States, 460 F.3d 920 (7th Cir. 2006) (902(11) certifications not testimonial)
- United States v. Allen, 603 F.3d 1202 (10th Cir. 2010) (photo array and demonstrative aids; harmless error analysis)