Appeal from the United States District Court
for the Eastern District of Michigan at Detroit.
No. 2:12-cr-20052—Stephen J. Murphy III, District Judge.
Argued: August 3, 2016
Decided and Filed: February 6, 2017
Before: GUY, BOGGS, and MOORE, Circuit Judges.
RALPH B. GUY, JR., Circuit Judge. Defendants Carlos Powell, Eric Powell, and
Earnest Proge, Jr., were tried together and convicted of offenses arising out of a large-scale
narcotics distribution operation in Detroit, Michigan. First, all three defendants challenge the
district court’s orders denying their motions to suppress evidence derived from: (1) the
collection of cellular-phone identification and location information; (2) the use of a GPS tracking
device; and (3) the monitoring of video cameras installed on nearby utility poles. Second,
raising Sixth Amendment claims, Carlos Powell argues that he was denied his right to represent
himself, and Earnest Proge contends that he was denied counsel of his choice. Third, Earnest
Proge raises separate claims of error, including challenges to the sufficiency of the evidence, the
jury instructions, and an error in the judgment entered against him. Finally, Carlos Powell has
raised additional claims in a pro se brief. For the reasons that follow, we affirm the denial of the
defendants’ motions to suppress; affirm the judgments entered against Carlos and Eric Powell,
respectively; and vacate the judgment and remand for further proceedings consistent with this
opinion with respect to Earnest Proge only.