United States v. William Moore

MEMORANDUM

We affirm the judgment revoking William Moore’s supervised release and the sentence the district court imposed upon revocation.

1. Moore’s admission to the sale and possession of controlled substances charges at his admit or deny hearing was non-hearsay evidence of his supervised release violation, therefore we need not determine whether the summary in the violation petition violated his confrontation rights. See United States v. Verduzco, 330 F.3d 1182, 1185-86 (9th Cir.2003); United States v. Comito, 177 F.3d 1166, 1170 (9th Cir.1999).

2. The violation petition gave Moore sufficient notice of the alleged violation of supervised release. The petition notified Moore that the alleged new law violation— possession of controlled substances with intent to distribute — violated the terms of his supervised release. See United States v. Havier, 155 F.3d 1090, 1092 (9th Cir.1998).

3. The district court did not commit procedural error by failing to apply the Fair Sentencing Act (FSA) retroactively. The FSA does not operate retroactively to reduce the underlying offense from a Class A to a Class B felony. See United States v. Baptist, 646 F.3d 1225, 1229 (9th Cir.2011) (per…