Reyes-Lopez

United States v. Reyes-Lopez

Good Law
273 F. App'x 616
United States Court of Appeals for the Ninth CircuitApril 10, 2008No. 07-50280California561 words

Opinion

Lead Opinion

MEMORANDUM **

Antonio Reyes-Lopez appeals his 30-month sentence for illegal reentry after deportation, in violation of 8 U.S.C. § 1326 (a) and (b). We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we affirm.

Reyes-Lopez argues that the district , court abused its discretion and deprived him of due process by relying for sentencing purposes on hearsay statements contained in the presentence report. Due process requires that some minimal indicia of reliability accompany a hearsay statement.” United S tate v. Petty, 982 F.2d 1865 , 1369 (9th Cir.1993), as amended by 992 F.2d 1015 (9th Cir.1993), cert. d e ni ed, 510 U.S. 1040 , 114 S.Ct. 683 , 126 L.Ed.2d 650 (1994); see also United States v. Littlesun, 444 F.3d 1196, 1199 (9th Cir.2006); United States v. Ponce, 51 F.3d 820, 828 (9th Cir.1995) (“While hearsay statements may be considered at sentencing, due process requires that such statements be corroborated by extrinsic evidence.”). The district court’s determination of reliability is reviewed for abuse of discretion. United States v. Berry, 258 F.3d 971, 976 (9th Cir.2001).

The presentence report in this case contajng accounts of three totally…

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