Minai
United States v. Minai
Opinion
Lead Opinion
MEMORANDUM **
Defendant-appellant Mostafa Minai appeals the district court’s imposition of a five-year prison sentence following revocation of his probation. Minai claims that (1) his probation violation admission was invalid because the court misstated the maximum sentence; (2) his due process rights were violated by the court’s consideration of hearsay evidence; and (3) the sentence imposed was procedurally erroneous and substantively unreasonable. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
Because Minai challenges the adequacy of his admission for the first time on appeal, this court’s review is limited to plain error. See United States v. Barragan-Espinoza, 350 F.3d 978, 981 (9th Cir.2003). “Whether a defendant has received due process at a revocation proceeding is a mixed question of law and fact we review de novo.” United States v. Perez, 526 F.3d 543, 547 (9th Cir.2008). The district court’s decision to admit hearsay evidence at a sentencing hearing is reviewed for an abuse of discretion. See United States v. Berry, 258 F.3d 971, 976 (9th Cir.2001). The sentence imposed by the district court is reviewed “under a deferential abuse-of-discretion…