United States v. Damazo Acosta

MEMORANDUM

Defendant-Appellant Damazo Acosta (“Acosta”) appeals from the revocation of his supervised release. We have jurisdiction under 28 U.S.C. § 1291 . On appeal, Acosta argues that (1) the evidence related to the alleged violations of Massachusetts drug laws was insufficient, (2) his due process rights were violated when he did not have the opportunity to confront a double-hearsay declarant during the evidentiary hearing, and (3) the sentence was procedurally unreasonable because of the weight given to his criminal history. After reviewing each of these challenges, we affirm.

We review a district court’s revocation of supervised release for abuse of discretion. United States v. Thum, 749 F.3d 1143, 1145 (9th Cir.2014). “In evaluating the sufficiency of the evidence supporting a supervised release revocation, we ask whether, viewing the evidence in the light most favorable to the government, any rational trier of fact could have found the essential elements of a violation by a preponderance of the evidence.” Id. (internal quotation marks omitted). “Whether a defendant has received due process at a revocation proceeding is a mixed question of law and fact that we review de…