By: Derek Hawkins//December 13, 2016//
7th Circuit Court of Appeals
Case Name: United States of America v. David Lewisbey
Case No.: 14-2236
Officials: POSNER, RIPPLE, and SYKES, Circuit Judges.
Focus: Daubert Test – Admission of Evidence
David Lewisbey was a Chicagobased gunrunner who used a fake Indiana I.D. to buy guns at Indiana gun shows and bring them back to Illinois to sell. He came to the attention of law enforcement when he bragged about his gunrunning exploits on Facebook. Federal agents set up a sting, and Lewisbey was arrested and charged with multiple counts of unlawfully transporting and dealing firearms. A jury convicted him on all counts. Lewisbey now argues that his attorney was operating under a conflict of interest in violation of his Sixth Amendment right to conflict-free counsel. He also challenges the admission of incriminating text-message and Facebook evidence at trial. Finally, he claims that the testimony of the government’s cell-phone location expert did not satisfy the requirements of Daubert v. Merrill Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). We reject these arguments and affirm.
Affirmed