USA v. Scott A. Thompson

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
MAR 30, 2010
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 09-12408
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D. C. Docket No. 08-60264-CR-JIC
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
SCOTT A. THOMPSON,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Florida
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(March 30, 2010)
Before CARNES, ANDERSON and STAHL, Circuit Judges.*
PER CURIAM:
Honorable Norman H. Stahl, United States Circuit Judge for the First Circuit, sitting by*
designation.

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Having considered the briefs and heard oral argument in this appeal, we
readily conclude that the conviction and sentence are due to be affirmed. The
record on appeal that is before us does not disclose that the evidence Appellant
Thompson contends should have been suppressed was actually admitted against
him at the trial. The burden is on the appellant to put before this Court a sufficient
record to establish the predicate for his contentions on appeal, and Thompson has
not done that.
We add one more point about the text messages that Thompson contends
were belatedly obtained from the LG cell phone. Even if we were to go beyond
the record and assume that those text messages were admitted at trial, and further
assume that the parties’ representations about the other evidence admitted at trial
are true, it is clear that any error in admitting the LG cell phone text messages was
harmless beyond a reasonable doubt.
AFFIRMED.
2

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