Comito

Robert Vito Comito appeals one of the district court’s findings of a violation of the terms of his supervised release, as well as his sentence, which was based in part on the disputed violation. He does not challenge the revocation itself, because he concedes that three uncontested minor violations are legally sufficient to support that action. Because we hold that Comito’s due process right to confrontation was violated with respect to the disputed violation, we reverse and remand with respect to that violation and the sentence.

I. .

In 1992, Comito pled guilty to one count of cocaine distribution and was sentenced to sixty-three months’ imprisonment and six years of supervised release. A year and a half after he completed serving his prison sentence, the district court revoked Comito’s supervised release, finding four separate violations of the conditions of his release: the unauthorized use of his former girlfriend’s bank cards, credit cards and checks (a “grade B violation”) and three lesser violations (“grade Cs”).

At the revocation hearing, Comito admitted the grade C violations, but contested the grade B violation. He acknowledged using Deirdre Connell’s cards and…