Opinion
No. 06-50596.
This panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed October 1, 2007.
Alka Sagar, Esq., Becky S. Walker, Esq., Office of the U.S. Attorney, Los Angeles, CA, for Plaintiff-Appellee.
Michael Tanaka, Esq., Federal Public Defender's Office, Los Angeles, CA, for Defendant-Appellant.
Appeal from the United States District Court for the Central District of California, Terry J. Hatter, District Judge, Presiding. D.C. No. CR-04-00311-TJH.
Before: CANBY, TASHIMA, and RAWLINSON, Circuit Judges.
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Stanley Lee Vance appeals from the judgment revoking supervised release and imposing a 24-month suspended prison term and a 48-month term of supervised release. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Vance challenges the district court's admission of a hearsay report at the revocation hearing without allowing him to cross-examine its author. Although defendants have a limited right to confront adverse witnesses prior to revocation of supervised release, see Morrissey v. Brewer, 408 U.S. 471, 489, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972); See also Fed.R.Crim.P. 32.1(b)(2), the district court's use of the report, if error, was harmless beyond a reasonable doubt because the witness whose statement was being offered actually testified, see United States v. Comito, 177 F.3d 1166, 1170 (9th Cir. 1999).