Sablan

United States v. Sablan

Good Law
8 F. App'x 606
United States Court of Appeals for the Ninth CircuitMarch 16, 2001No. 00-10401; D.C. No. CR-97-00040-ARMCalifornia355 words

Opinion

Lead Opinion

MEMORANDUM *

Julie Aldan Sabían appeals the district court’s order revoking her supervised release and sentencing her to nine months imprisonment. Under the conditions of her supervised release, Sabían had the obligation to refrain from using drugs, submit to drug tests and anti-drug counseling, perform community service, and seek gainful employment. After holding several revocation hearings, the district court revoked Sablan’s supervised release in light of the government’s evidence that Sabían was violating the conditions of her release. *607 In deciding to revoke Sablan’s release, the district court relied in part on the results of Sablan’s two most recent drug tests.

Sabían claims a violation of her confrontation clause rights because she could not cross examine the person who conducted the tests. Revocation hearings are subject to a flexible due process standard. Morrissey v. Brewer, 408 U.S. 471, 479 , 92 S.Ct. 2593 , 33 L.Ed.2d 484 (1972)(noting that revocation of release is not part of a criminal prosecution, and thus defendants’ rights at a revocation hearing are more limited .) The district court’s evaluation of the drug tests was supported by a sworn declaration from…

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