United States v. Vance , 249 F. App'x 659 ( 2007 )

MEMORANDUM ^**

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).

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.