United States v. Diaz, No. 19-3841 (2d Cir. 2021)
Annotate this CaseThe Second Circuit affirmed the district court's judgment revoking defendant's supervised release and sentencing him principally to 24-months in prison. The court concluded that, even though the procedures used to obtain the victim's two out-of-court identifications were unduly suggestive, both identifications were nonetheless reliable. Therefore, the district court did not clearly err by admitting them. Furthermore, because the victim testified at the supervised release hearing, the district court was not required to find good cause before admitting his hearsay statements under Federal Rule of Criminal Procedure 32.1(b)(2)(C). The court also concluded that, although the district court erred by admitting certain hearsay statements without first finding good cause, the error was harmless given the overwhelming evidence of defendant's guilt.
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