United States of America v. Bryan Michael Haskell

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
BRYAN MICHAEL HASKELL,
Defendant-Appellant.
No. 21-30012
D.C. No. 1:17-cr-00079-BLW-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Idaho
B. Lynn Winmill, District Judge, Presiding
Submitted October 12, 2021**
Before: TALLMAN, RAWLINSON, and BUMATAY, Circuit Judges.
Bryan Michael Haskell appeals from the district court’s judgment and
challenges the 14-month sentence imposed upon his second revocation of
supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Haskell contends that the district court violated his right to due process at
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
OCT 20 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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sentencing by relying on materially false hearsay, contained in the probation
officer’s violation report, that Haskell failed to report to a residential reentry center
as ordered. Contrary to Haskell’s contention, the court was not required to call the
probation officer as an adverse witness under Morrissey v. Brewer, 408 U.S. 471
(1972), or Federal Rule of Criminal Procedure 32.1. See United States v. Littlesun,
444 F.3d 1196, 1200 (9th Cir. 2006) (“[N]either Morrissey nor the Federal Rules
of Criminal Procedure say anything about . . . the right to examine adverse
witnesses at sentencing.”). Moreover, because the challenged statement in the
violation report was sufficiently reliable, the district court did not err by
considering it as part of its decision to impose the within-Guidelines 14-month
sentence. See id. at 1199 (hearsay may be considered at sentencing if accompanied
by a minimal indicia of reliability); United States v. Messer, 785 F.2d 832, 834
(9th Cir. 1986) (defendant challenging information used in sentencing must show
such information is false or unreliable).
AFFIRMED.

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