United States Ninth Circuit

Conviction of defendant on one count of conspiracy to possess marijuana with intent to distribute and two counts of possession of marijuana with intent to distribute is reversed as to one count of possession with intent to distribute but affirmed as to all other counts, where: 1) photographs of a package seized at the post office did not violate the Confrontation Clause because the photographs were not "witnesses" against the defendant; but 2) the admission of statements by a nontestifying postal supervisor did violate the Confrontation Clause because the statements were testimonial and offered for their truth, and defendant had no prior opportunity to cross-examine the supervisor.

Appellate Information

• Decided 11/24/2014
• Published 11/24/2014

Judges

• Friedland

Court

• United States Ninth Circuit

Counsel