United States v. Fryberg, Jr., No. 16-30013 (9th Cir. 2017)
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Defendant Raymond Fryberg, Jr., appealed his conviction for possession of a firearm by a prohibited person. He argued several grounds for reversal, including the allegedly erroneous admission into evidence of a return of service that the Government used to prove that Defendant had been served
with notice of a hearing on a domestic violence protection order. The Ninth Circuit concluded that the admission of the return of service did not violate either the rule against hearsay or the Confrontation Clause of the Sixth Amendment. Accordingly, the Court affirmed Defendant’s conviction.
Court Description: Criminal Law. Affirming a conviction for possession of a firearm by a prohibited person in violation of 18 U.S.C. § 922(g)(8), the panel held that a return of service that the Government used to prove that the defendant had been served with notice of a hearing on a domestic violence protection order was admissible under the public record exception to hearsay in Fed. R. Evid. 803(8)(A)(ii), and that admission of the return of service did not violate the defendant’s rights under the Confrontation Clause of the Sixth Amendment. The panel rejected the defendant’s other arguments in a concurrently filed memorandum disposition.
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