US v. Larios , No. 08-1299
District court's conviction of defendants for drug related crimes, after they were captured on audio/video participating in drug transactions in a motel room with an undercover agent, is affirmed where: 1) any error in admitting the recording at sentencing was harmless, and as such, question of whether the defendants had a reasonably expectation of privacy in the motel room need not be addressed; and 2) district court's rejection of a defendant's challenge to the admission of the audio recording at trial is affirmed as defendant's brief engagement with the motel room did not justify a reasonably expectation of privacy in the room, and thus his communications were not protected by Title III.
Read US v. Larios , No. 08-1299
Appeal from the United States District Court for the District of Massachusetts
Decided January 29, 2010
Before: Lynch, Chief Judge, Gajarsa and Lipez, Circuit Judges
Opinion by Circuit Judge Lipez
For Appellant: J. Hilary Billings, Oscar Cruz, Jr, Stephen Paul Maidman
For Appellee: Mark T. Quinlivan, Assistant United States Attorney, with whom Michael K. Loucks, Acting United States Attorney,
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