Use of hearsay testimony at sentencing does not violate Confrontation Clause
SENTENCING United States v. Bustamente, No. 05-8072, ___ F.3d ___ (10th Cir. Jul. 24, 2006). Appeal of sentence for distributing more than fifty grams of methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B). HELD: District court did not violate defendant’s Sixth Amendment right to confront witnesses against him by relying on hearsay testimony of police officers to determine drug quantities relevant for sentencing. Supreme Court’s decision in Crawford v. Washington, 541 U.S. 36 (2004), concerns use of testimonial hearsay statements at trial and does not speak to whether it is appropriate for court to rely on hearsay statements at sentencing hearing. Thus, nothing in Crawford requires application of constitutional provisions regarding Confrontation Clause at sentencing proceedings. Read the opinion here. |
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