United States v. Caleb Price

MEMORANDUM

Caleb Joseph Price appeals the revocation of his term of supervised release on the ground that the revocation violated his due process right to confront witnesses against him. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse.

In supervised release revocation proceedings, a releasee “enjoys a due process right to confront witnesses against him.” United States v. Hall, 419 F.3d 980, 986 (9th Cir.2005). To determine “whether the admission of hearsay evidence violates the releasee’s right to confrontation in a particular case, the court must weigh the releasee’s interest in his constitutionally guaranteed right to confrontation against the Government’s good cause for denying it.” United States v. Comito, 177 F.3d 1166,1170 (9th Cir.1999).

Price had a strong interest in confronting Keisha Kagawa, the key witness against him. The evidence of Kagawa’s statements to the police officer, probation officer, Price’s neighbor, and Price’s boss was crucial to the court’s ultimate finding; it was the government’s only evidence that Price was responsible for the assault. See Hall, 419 F.3d at 987 ; Comito, 177 F.3d at 1171 . Moreover, Kagawa’s statements were oral…