Kuntz

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAR 6 2026

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 25-2667 D.C. No. Plaintiff - Appellee, 2:24-cr-02-BU-DLC v.

MEMORANDUM*

KEVIN RICHARD KUNTZ,

Defendant - Appellant.

Appeal from the United States District Court for the District of Montana Dana L. Christensen, District Judge, Presiding

Argued and Submitted February 26, 2026 Spokane, Washington

Before: SUNG, H.A. THOMAS, and MENDOZA, Circuit Judges.

Appellant Kevin Richard Kuntz appeals the district court’s revocation of his

probation and imposition of a 24-month custodial sentence. We have jurisdiction

under 28 U.S.C. § 1291. We reverse and remand.

Because probation revocation is not part of a criminal prosecution, the Sixth

Amendment’s Confrontation Clause does not directly apply. See United States v.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Hall, 419 F.3d 980, 985–86 (9th Cir. 2005); Morrissey v. Brewer, 408 U.S. 471,

480–81 (1972);…