United States v. Mohammad Miah

MEMORANDUM

Mohammad Miah appeals his sentence after pleading guilty to one count of conspiracy to unlawfully produce and transfer identification documents. Prior to sentencing, the district court found Miah to have breached his plea agreement by engaging in illegal activity — specifically, by participating in a scheme to cash stolen checks. Miah contends that, at his breach-of-plea hearing, the district court ran afoul of the Confrontation Clause and improperly applied the hearsay exception for statements against interest when it admitted out-of-court statements of a co-conspirator in the check-cashing scheme. Because neither argument is meritorious, we affirm.

. Miah acknowledges that our review is limited to plain error with respect to his Confrontation Clause claim because he did not make a Confrontation Clause objection in the district court. Under that standard, we may only reverse when an error is “clear” or “obvious.” See United States v. Olano, 507 U.S. 725, 734 , 113 S.Ct. 1770 , 123 L.Ed.2d 508 (1993) (internal quotation marks omitted). Miah acknowledges that no court has found the Confrontation Clause to apply to breach-of-plea hearings and that this court has held…