United States v. Harry

HARTZ, Circuit Judge.

Defendant Myron Harry appeals his conviction of sexual assault at the home of friends while the victim was sleeping after a party. He challenges his conviction on three grounds.

The first challenge relates to text messages between Defendáñt and one óf his hosts immediately after the assault. All but one of his messages were used against him at trial. None of the host’s messages, however, were presented by the government. Defendant claims that his right to due process was violated by the failure to preserve text messages sent to him by the host, whose cell phone had been…