Sandoval-Huerta

MEMORANDUM **

Antonio Sandoval-Huerta appeals the denial of his petition for writ of habeas corpus. Sandoval-Huerta argues that the state court’s failure to permit cross-examination while admitting allegedly unreliable hearsay testimony at sentencing violated his rights to due process, confrontation and counsel. We affirm.

Sandoval-Huerta has not shown that the trial court’s admission of hearsay testimony at sentencing or denial of cross-examination violated his due process or confrontation rights. Sandoval-Huerta had no right to cross-examine the hearsay declarant at sentencing, Williams v. New York, 337 U.S. 241, 250 , 69 S.Ct. 1079 , 93 L.Ed. 1337 (1949), and due process requires only that Sandoval-Huerta not be sentenced based on “materially incorrect information,” United States v. Petty, 982 F.2d 1365, 1369 (9th Cir.), amended on other grounds, 992 F.2d 1015 (9th Cir. 1993). The hearsay testimony in question satisfies that standard because it was accurate and consistent in all material respects. Petty, 982 F.2d at 1369-70 ; see also Dutton v. Evans, 400 U.S. 74, 88-89 , 91 S.Ct. 210 , 27 L.Ed.2d 213 (1970). The testimony was accompanied by the requisite “minimal indicia of…