United States v. Douglas Merrill Nielsen

Douglas Merrill Nielsen (“Nielsen”) appeals his conviction and sentence for possession of methamphetamine with intent to distribute in violation of 21 U.S.C. § 841 (a)(1). Nielsen contends that the warrant issued to search his home was unsupported by probable cause; that testimonial hearsay was introduced at his trial in violation of the Confrontation Clause; and that the district court erred in declining to grant a downward adjustment for acceptance or responsibility. For the reasons stated in this opinion, we affirm.

I.

On January 3, 2002, after probationer Katherine Fritzler missed a scheduled appointment with her probation officer, she was contacted by Agent Jeffrey Faycosh of the Montana Division of Criminal Investí- gation. A search of Fritzler’s home revealed methamphetamine and marijuana.

Fritzler agreed to cooperate. She informed Faycosh that she had purchased a half gram of methamphetamine from Nielsen at his home for $100, three or four days before her arrest. Fritzler stated Nielsen appeared to have a large quantity of the drug on hand, which he kept in a floor safe in the basement of his home.

Faycosh did a background check on Nielsen, finding an address for…