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United States v. Jones

United States District Court, E.D. Kentucky, Southern Division, London

May 23, 2018

UNITED STATES OF AMERICA Plaintiff,
v.
JAMES RONALD JONES and TONY BRITTON, Defendants.

          MEMORANDUM OPINION & ORDER

          Gregory F. Van, Judge

         This matter is before the Court upon Magistrate Judge Hanly A. Ingram's Report and Recommended Disposition. [R. 316.] Defendant Tony Britton filed a Motion to Suppress [R. 247] and a Motion to Supplement the Motion to Suppress [R. 269]. Defendant James Ronald Jones filed a Motion to Join Mr. Britton's Motion to Suppress. [R. 250.] The Government opposed Mr. Britton's Motion to Suppress and Mr. Jones's Motion for Joinder. [R. 256.] The Magistrate Judge recommends that this Court deny Mr. Britton's Motion to Suppress [R. 247], deny Mr. Jones's Motion for Joinder [R. 250], and grant Mr. Britton's Motion to Supplement [R. 269]. For the reasons that follow, this recommendation will be adopted.

         I

         Magistrate Judge Ingram outlined the facts in his recommendation. [R. 316.] Mr. Britton and Mr. Jones have been charged with conspiracy to distribute controlled substances. [R. 181 at 1-2.] Additionally, Mr. Britton has been charged with aiding and abetting the burglary of a pharmacy. Id. at 2-3. According to the indictment, Mr.

         Britton, having traveled in interstate commerce to facilitate access to the premises, entered Stephanie's Down Home Pharmacy in Corbin, Kentucky, with the intent to steal a controlled substance. Id.

         On November 16, 2015, North Carolina Superior Court Judge Mark E. Powell issued a search warrant for records of DTC Wireless. [R. 316 at 1-2.] This warrant related to thirteen telephone numbers and authorized seizure of

1. Subscriber information including, but not limited to, name, address, alternative phone numbers, and dates of service, etc.
2. Outbound and inbound call detail, including cell tower location
3. Sector, azimuth, and cell tower identification records for call transmissions
4. All available text/SMS records to include content of messages which are available
5. ISMI, IMEA, or ESN numbers associated with phone numbers (931) 235-8772, (931) 235-1955, (931) 235-8764, (931) 235-2263, (931) 235-2989, (931) 235-5332, (931) 235-1349, (931) 235-2263, (931) 235-1878, (931) 235-9537, (931) 235-2491, (931) 235-8492, and (931) 235-2944
6. Data records associated with phone numbers (931) 235-8772, (931) 235-1955, (931) 235-8764, (931) 235-2263, (931) 235-2989, (931) 235-5332, (931) 235-1349, (931) 235-2263, (931) 235-1878, (931) 235-9537, (931) 235-2491, (931) 235-8492, and (931) 235-2944 during the requested time period
7. Any GPS location records for the listed phones that are available during the ...

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