Cervantes-Aguinaga

United States v. Cervantes-Aguinaga

Good Law
135 F. App'x 914
United States Court of Appeals for the Ninth CircuitJune 22, 2005No. 04-10509; D.C. No. CR-01-00005-EHCCalifornia289 words

Opinion

Lead Opinion

MEMORANDUM ***

The district court did not abuse its discretion by admitting seven exhibits offered by the government in Cervantes-Aguinaga’s supervised release revocation hearing. The booking photos, court records, booking sheet, and fingerprint card were all public records that bore the indicia of reliability — which was uncontested. See United States v. Walker, 117 F.3d 417, 420 (9th Cir.1997).

In supervised release revocation proceedings, defendants “are entitled to certain minimal due process requirements,” such as “the right to confront and cross-examine witnesses.” Id. (citations omitted). However, “the Federal Rules of Evidence do not apply in supervised release revocation proceedings.” Id. (citations omitted). In weighing the defendant’s right to confrontation against the government’s need to put on evidence, the district court may consider the “importance of the evidence to the court’s finding, the [defendant’s] opportunity to refute the evidence, and the consequences of the court’s finding,” as well as “the difficulty and expense of procuring witnesses” and the “traditional indicia of reliability borne by the evidence.” Id. (citations, internal quotation marks, and…

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