Bibbs

ORDER OVERRULING DEFENDANT BIBBS’S OBJECTION TO THE GOVERNMENT PROCEEDING AT THE DETENTION HEARING BY WAY OF PROFFER

At his initial appearance on May 31, 2007, the Government moved to detain Mr. Bibbs and a hearing was scheduled for June 7, 2007. Defendant objected to the Government proceeding by way of proffer at the detention hearing, and filed a memorandum supporting his objection. Defendant renewed his objection at the June 7 hearing, and requested that I issue subpoenas for the Government’s witnesses. Essentially, defendant argues that under Crawford v. Washington, 541 U.S. 36 , 124 S.Ct. 1354 , 158 L.Ed.2d 177 (2004), allowing the government to proceed by proffer violates his Sixth Amendment right of confrontation.

Prior to Crawford , the Ninth Circuit and every other circuit of which I am aware, had ruled that “the government may proceed in a detention hearing by proffer or hearsay.” U.S. v. Winsor, 785 F.2d 755, 756 (9th Cir.1986) (citations omitted); see also U.S. v. Smith, 79 F.3d 1208, 1210 (D.C.Cir.1996) (collecting cases). Crawford rejected the use of hearsay testimony at trial as violating a defendant’s Sixth Amendment right to confront his accusers. See 541 U.S.…