United States v. Nathan Souza

MEMORANDUM

Appellant Nathan Kekoa Souza challenges the district court’s revocation of his supervised release and the sentence imposed. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and affirm the district court.

The district court did not abuse its discretion when it relied on hearsay evidence to find that Souza violated his supervised release conditions. The prosecution’s interest in not putting a Minnesota resident on the stand outweighed Souza’s interest in cross-examining that witness because the hearsay evidence was corroborated by multiple witnesses and additional evidence. See United States v. Hall, 419 F.3d 980, 987 (9th Cir.2005) (concluding that corroborated testimony was reliable).

There was sufficient evidence to support the district court’s finding that Souza violated his supervised release conditions as alleged in the first violation listed in the petition for revocation. Even if there was insufficient evidence to support the finding that Souza stole the purse as alleged, there was sufficient evidence to support the finding that Souza stole the alleged drug money. See United States v. Perez, 526 F.3d 543, 547 (9th Cir.2008) (applying the preponderance of…