United States v. Lawrence Blackshire

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 21-10230

Plaintiff-Appellee, D.C. Nos. 2:19-cr-01033- v. SMB-1 2:19-cr-01033-

LAWRENCE LORENZO SMB

BLACKSHIRE,

Defendant-Appellant. OPINION

Appeal from the United States District Court for the District of Arizona Susan M. Brnovich, District Judge, Presiding

Argued and Submitted February 5, 2024 Phoenix, Arizona

Filed April 19, 2024

Before: Marsha S. Berzon, Andrew D. Hurwitz, and Anthony D. Johnstone, Circuit Judges.

Opinion by Judge Hurwitz SUMMARY *

Criminal Law

The panel affirmed Lawrence Blackshire’s convictions and sentence for various offenses arising out of an assault on his girlfriend, C.S. After the government could not locate C.S. to testify at trial, the district court admitted statements she gave to police officers and a nurse. The panel held that the district court did not err in finding that Blackshire forfeited his right to confront C.S. by causing her unavailability and in admitting C.S.’s out-of-court statements. To…