United States v. David Gonzales

MEMORANDUM

David Alan Gonzales appeals his convictions for drug trafficking conspiracy, in violation of 21 U.S.C. §§ 846 , 841(b)(1)(A), and possession of a controlled substance with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1. The district court admitted into evidence a Reverse Look-Up Report to show that Gonzales’s cell phone had repeatedly tracked the shipment of a package containing over 50 grams of methamphetamine. The report was automatically generated when a postal inspector entered the package’s tracking number into a U.S. Postal Service database. Gonzales challenges the admission of the report on hearsay and Confrontation Clause grounds. Because the Reverse Look-Up Report was automatically computer-generated without human input or review, it is not a statement of a “person,” Fed.R.Evid. 801(a), and therefore is not subject to the rule against hearsay. See United States v. LizarragaTirado, 789 F.3d 1107, 1110 (9th Cir.2015) (“[Mjachine statements aren’t hearsay.”). Because the report is not hearsay, it is also not subject to the Confrontation Clause. See id.; United States v. Cazares, 788…