United States v. Towns

718 F.3d 404 (5th Cir. 2013)

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Nature of the Case

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Facts

Pieprzica, an officer with the Texas Department of Public Safety, discovered a conspiracy whereby individuals would visit multiple pharmacies to obtain large quantities of pseudoephedrine and use it to manufacture methamphetamine. Pieprzica compiled a list of alleged conspirators-including D-and began submitting requests to various pharmacies to obtain lists of their purchases of pseudoephedrine. D was charged with one count of conspiracy to manufacture 500 grams or more of methamphetamine and to possess and distribute pseudoephedrine knowing that it would be used to manufacture methamphetamine. D was charged with furthering the conspiracy by purchasing large quantities of pseudoephedrine to be used in manufacturing methamphetamine. P offered pseudoephedrine purchase logs from various retailers to highlight a pattern of movement and purchase implicating D in the conspiracy. D had filed a motion in limine to exclude the records. The records were admitted at trial over D's objection that they were not kept for business purposes, but as required law enforcement records. Co-conspirators confirmed D's involvement in the plan to manufacture methamphetamine and testified that he acquired pseudoephedrine pills for their operation. D also assisted from time to time in tasks related to the actual 'cooking' of the methamphetamine. D admitted to purchasing pseudoephedrine pills in large quantities but claimed took the drug to stay awake in his work as a truck driver but denied involvement in any illegal drug manufacturing activity. D was convicted and appealed.