McCreary
United States v. McCreary
Opinion
Lead Opinion
MEMORANDUM *
Derrick McCreary appeals his conviction and sentence for his role in two armed robberies in Arizona. A jury convicted McCreary of one count of conspiracy, two counts of bank robbery, and two counts of using a firearm in the commission of a
*41 crime of violence. On appeal, McCreary makes the following arguments:
We have jurisdiction pursuant to 28 U.S.C. § 1291 and we AFFIRM.
1. Text Message Evidence
The investigation of the two robberies revealed that McCreary and his co-defendant, Jonathan Hunter, communicated by text messages in planning the two robberies. The Government had a grand jury subpoena issued to the service provider, MCI/SkyTel, seeking the toll records including the text of the messages. McCreary contends that he had a reasonable expectation of privacy in these messages and that the acquisition of these messages by a grand jury subpoena without a search warrant violated his rights under the Fourth Amendment. He contends that to the extent 18 U.S.C. § 2703 of the Stored Communications Act authorized obtaining the text messages without probable cause and a search warrant it violated his Fourth Amendment rights.