United States v. Sheridan, No. 16-1327 (8th Cir. 2017)
Annotate this CaseThe Eighth Circuit affirmed defendant's sentence of 108 months in prison after he pleaded guilty for being a felon in possession of a firearm. The court held that the district court did not commit procedural error by applying a cross-reference to USSG 2A3.1 and subsequent four- and two-level enhancements. In this case, the district court did not err by relying on hearsay testimony because it possessed sufficient indicia of reliability. Furthermore, the Confrontation Clause did not apply at sentencing hearings and defendant's Sixth Amendment challenge was therefore dismissed.
Court Description: Riley, Author, with Wollman and Kelly, Circuit Judges] Criminal case - Sentencing. The hearsay evidence introduced at defendant's sentencing had the necessary indicia of reliability and the court did not err in relying on the testimony to impose an enhancement under Guidelines Sec. 2A3.1; the Confrontation Clause does not apply at a sentencing hearing, and defendant's Sixth Amendment challenge to the testimony is rejected.
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