United States v. Peter L. Galloway

83 F.3d 429 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Peter L. GALLOWAY, Defendant-Appellant. No. 95-30100. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 10, 1996. Decided April 25, 1996. Before: BROWNING, WRIGHT and CANBY, Circuit Judges. 1 MEMORANDUM * 2 Defendant Peter Galloway appeals his sentence for violating the conditions of his supervised release. We must decide whether the district court violated Galloway's due process rights by considering hearsay testimony regarding alleged acts of child molestation. The district court increased Galloway's criminal history level under the Sentencing Guidelines because it found that Galloway's actual conduct constituted more serious felony offenses than the misdemeanor offenses for which he was actually convicted in state court. We conclude that the district court improperly considered hearsay evidence in this case, and thus Galloway's due process…