United States v. Ryan Masters

Good Law
613 F. App'x 618
United States Court of Appeals for the Ninth CircuitJune 3, 201513-10581California1,286 words

Opinion

Opinion

MEMORANDUM

Defendant Ryan Masters appeals his conviction for four counts of possession of 15 or more counterfeit or unauthorized access devices in violation of 18 U.S.C. § 1029 (a)(3) and (c)(l)(A)(i), one count of conspiracy to possess such devices in violation of 18 U.S.C. § 371 , and one count of aggravated identity theft during and in relation to these possession offenses in violation of 18 U.S.C. § 1028A(a)(l). Masters also challenges various aspects of his sentence and accompanying restitution order. We have jurisdiction under 28 U.S.C. § 1291 .

The district court did not abuse its discretion when it concluded that the chat log was properly authenticated under Rule 901(a) of the Federal Rules of Evidence because a reasonable juror could conclude that the user ‘Veovis” was Ryan Masters from the multiple references made to Masters and his email account, veovis@gmail. com, throughout the chat log. See United States v. Tank, 200 F.3d 627, 630-31 (9th Cir.2000). Although the user “TuzzTuzz” suggested that he thought he was speaking to someone else at one point in the conversation, Veovis immediately responded “This is Ryan.”

Viewing the evidence .in the light most favorable’…

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