In what circumstances will a federal judge accept a probation officer's recommendation for sentencing based on hearsay?
California, United States of America
The following excerpt is from People v. Mizner, H040421 (Cal. App. 2016):
In United States v. Corral (9th Cir. 1999) 172 F.3d 714, the government conceded on appeal that hearsay was not sufficiently reliable for the court to rely on it in sentencing. (Id. at p. 715.) "[T]he probation officer's recommendation expressly was based partly on it." (Ibid.) "The judge accepted the probation officer's recommendation made in reliance on [the unreliable hearsay]." (Id. at p. 716.) The circumstances here are not analogous to those in Corral.
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