The following excerpt is from United States v. Vera, 893 F.3d 689 (9th Cir. 2018):
At the same time, we recognize that co-defendant plea agreements could have some probative value at sentencing if otherwise supported by "sufficient indicia of reliability." U.S.S.G. 6A1.3(a). In United States v. Berry , 258 F.3d 971 (9th Cir. 2001), we held that the district court properly relied on co-defendant hearsay statements because multiple statements corroborated each other and thus provided "external consistency" that evidenced their reliability. Id. at 97677 ; see also United States v. Valensia , 222 F.3d 1173, 1184 (9th Cir. 2000) ("[T]he hearsay statements at issue ... consist of three identical statements, given independently under circumstances which limited the possibility for collusion, that corroborate one another."), vacated on other grounds sub nom. Valensia v. United States , 532 U.S. 901, 121 S.Ct. 1222, 149 L.Ed.2d 133 (2001). And "[w]hile we encourage and appreciate express findings by a district court regarding the reliability of hearsay statements introduced at sentencing," we have not reversed for failure "to articulate such findings" where the statements' reliability "is apparent from the record." Berry , 258 F.3d at 976.
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