United States v. Daniel Douglas Martin

Daniel Douglas Martin appeals his sentence on revocation of supervised release. Because we hold that Martin’s due process right to confrontation was violated, we reverse and remand.

I

Martin pleaded guilty to possession with intent to distribute heroin and was sentenced to 24 months’ imprisonment and four years of supervised release. He was released from prison on January 23, 1992. On March 18, 1992, the district court revoked Martin’s supervised release, finding four separate violations of the conditions of his release: 1) submission of two urine specimens that tested positive for cocaine and methadone; 2) failure to report for drug testing and counseling on two occasions; 3) failure to report termination of his employment; and 4) leaving the District of Hawaii without permission.

Martin admitted the last three violations and contested the first. As to the first alleged violation, he admitted using methadone as part of a treatment program but denied using cocaine. Martin concedes that the three admitted violations support revocation of supervised release. However, the contested violation led to an enhanced sentence. The district court found that Martin had possessed a…