United States v. Shawn Robinson, 482 F.3d 244 (3d Cir. 2007). · Go Syfert
United States v. Shawn Robinson, 482 F.3d 244 (3d Cir. 2007). Cases Citing This Book View Copy Cite
45 citation events (45 in the last 25 years) across 6 distinct courts.
Treatment trajectory · 2008 → 2026 · click a year to view as-of
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Cited for
At page 246 Confrontation clause applicability in sentencing hearings29 citing cases“the confrontation clause does not apply in the sentencing context and does not prevent the introduction of hearsay testimony at a sentencing hearing.”6 citing courts quote it · 26 listed here
  • United States v. Kevin Coles, No. 23-1530 (3d Cir. Apr. 7, 2025).unpublished 2 cites
    (Both the Supreme Court and this Court of Appeals have determined that the Confrontation Clause does not apply in the sentencing context and does not prevent the introduction of hearsay testimony at a sentencing hearing…)
  • United States v. Glenvert Green, No. 17-2175 (3d Cir. Apr. 10, 2018).unpublished
    (Both the Supreme Court and this Court of Appeals have determined that the Confrontation Clause does not apply in the sentencing context[.])
  • MONTGOMERY, BEECHER v. State of Texas, No. PD-0582-22 (Tex. Crim. App. July 2, 2026).published
    What is left is the fact that a formal entry of guilt is not made until deferred adjudication is revoked.9 As the Supreme Court has indicated, the federal constitutional right to confrontation ends “once the guilt of the accused has been p…
  • United States v. Jose Soto, 122 F.4th 503 (3d Cir. 2024).published 2 cites
    For the reasons the District Court explained, all these claims fail. 7 statements must have some “minimal indicium of reliability beyond mere allegation.15 We review the factual findings underlying an obstruction of justice enhancement und…
  • State v. Drommond, 2020 UT 50, 469 P.3d 1056.published
    Roberts had held that an unavailable witness‘s hearsay statement could be admitted at trial under the Confrontation Clause only if the hearsay statement ―bears adequate ‗indicia of reliability,‘‖ such as when it ―falls within a firmly root…
  • United States v. Damien Gibson, No. 19-1234 (3d Cir. June 10, 2020).unpublished
    United States v. Robinson, 482 F.3d 244, 246 (3d Cir. 2007).
  • United States v. Tozine Tiller, No. 18-1050 (3d Cir. Feb. 20, 2019).unpublished
    United States v. Robinson, 482 F.3d 244, 246 (3d Cir. 2007); see also U.S.S.G. § 6A1.3(a) (providing that sentencing courts may consider any evidence that “has sufficient indicia of reliability to support its probable accuracy”).
  • Miller v. People, 67 V.I. 827 (V.I. 2017).published
    Although the Confrontation Clause does not apply at sentencing, ‘“[t]he admission of hearsay statements in the sentencing context is subject to the requirements of the Due Process Clause,” United States v. Robinson, 482 F.3d 244, 246 (3d C…
  • United States v. Beverly Hannibal, 663 F. App'x 206 (3d Cir. 2016).unpublished
    But hearsay testimony may be introduced at a sentencing hearing, so long as it has some “minimal indicium of reliability,” United States v. Robinson, 482 F.3d 244, 246 (3d Cir. 2007) (quoting United States v. Kikumura, 918 F.2d 1084, 1102…
  • United States v. Allen Smith, 751 F.3d 107 (3d Cir. 2014).published 2 cites
    Indeed, we have held that, according to “well settled” precedent, “the Confrontation Clause does not apply in the sentencing context and does not prevent the introduction of hearsay testimony at a sentencing hearing.” United States v. Robi…
Show 16 more citing cases
  • United States v. Allen Brown, 534 F. App'x 132 (3d Cir. 2013).unpublished
    Although, as a general matter, “the Federal Rules of Evidence do not apply in sentencing proceedings,” United States v. Campbell, 295 F.3d 398, 406 (3d Cir.2002), “information relied upon at sentencing must have ‘sufficient indicia of reli…
  • United States v. Donato Rodriguez, 486 F. App'x 259 (3d Cir. 2012).unpublished
    The Federal Rules of Evidence do not apply at a sentencing hearing, and in making findings of fact, a district court may rely on hearsay provided that it bears some “minimal indicium of reliability beyond mere allegation.” United States v.…
  • United States v. Cesar Mejia-Ruiz, 433 F. App'x 455 (6th Cir. 2011).unpublished
    See, e.g., United States v. Powell, 650 F.3d 388, 390-91 (4th Cir.2011); United States v. Dyer, 589 F.3d 520, 532 (1st Cir. 2009); United States v. Robinson, 482 F.3d 244, 246 (3d Cir.2007); United States v. Martinez, 413 F.3d 239, 242 (2d…
  • United States v. Powell, 650 F.3d 388 (4th Cir. 2011).published
    See United States v. Bras, 483 F.3d 103, 109 (D.C.Cir.2007); United States v. Robinson, 482 F.3d 244, 246 (3d Cir.2007); United States v. Beydoun, 469 F.3d 102, 108 (5th Cir.2006); United States v. Bustamante, 454 F.3d 1200, 1202-03 (10th…
  • United States v. Karen Hawkins, 409 F. App'x 507 (3d Cir. 2010).unpublished
    Second, as Hawkins concedes, our decision in United States v. Robinson, 482 F.3d 244, 246 (3d Cir.2007) precludes her argument that hearsay statements may not be considered at sentencing.
  • United States v. Thomas Jones, 408 F. App'x 600 (3d Cir. 2010).unpublished
    (The evidence offered by the Government through the testimony [of the special agent] easily passes” the threshold)
  • United States v. Greene, 381 F. App'x 209 (3d Cir. 2010).unpublished 2 cites
    Finally, we reject Greene’s argument that the District Court abused its discretion by not holding an evidentiary hearing on the obstruction of justice enhancement. “[T]he Confrontation Clause does not apply in the sentencing context and do…
  • United States v. Clark, 335 F. App'x 181 (3d Cir. 2009).unpublished 2 cites
    The Federal Rules of Evidence do not apply to sentencing hearings, Fed.R.Evid. 1101(d)(3), and “the Confrontation Clause ... does not prevent the introduction of hearsay testimony at a sentencing hearing,” United States v. Robinson, 482 F.…
  • United States v. David Diaz, 317 F. App'x 226 (3d Cir. 2009).unpublished 2 cites
    (rejecting contention that the Sixth Amendment precludes admission of hearsay evidence at sentencing, calling ”[t]he law on this issue ... well settled)
  • United States v. Little, 308 F. App'x 633 (3d Cir. 2009).unpublished
    “The admission of hearsay statements in the sentencing context is subject to the requirements of the Due Process Clause.” United States v. Robinson, 482 F.3d 244, 246 (3d Cir.2007). 4 “Under the precedent of this Court, hearsay statements…
  • United States v. Warner, 301 F. App'x 137 (3d Cir. 2008).unpublished
    United States v. Robinson, 482 F.3d 244, 246-47 (3d Cir.2007).
  • United States v. O'Garro, 280 F. App'x 220 (3d Cir. 2008).unpublished
    “the Confrontation Clause does not apply in the sentencing context and does not prevent the introduction of hearsay testimony at a sentencing hearing”
  • United States v. Jo Benoit, 545 F. App'x 171 (3d Cir. 2013).unpublished
    (concluding that the Confrontation Clause does not apply to sentencing)
  • United States v. Rogelio Gomar-Torres, 500 F. App'x 158 (3d Cir. 2012).unpublished
    ([T]he Confrontation Clause does not apply in the sentencing context and does not prevent the introduction of hearsay testimony at a sentencing hearing,” but “hearsay statements must have some minimal indicium of reliab…)
  • United States v. Donzo, 335 F. App'x 191 (3d Cir. 2009).unpublished
    See United States v. Robinson, 482 F.3d 244, 246 (3d Cir.2007) (citing Williams v. Oklahoma, 358 U.S. 576, 584 , 79 S.Ct. 421 , 3 L.Ed.2d 516 (1959)).
  • United States v. Alex Santiago, 331 F. App'x 181 (3d Cir. 2009).unpublished
    (finding that police officer’s testimony “easily passes” reliability test)
Retrieving the full opinion text from the archive…
UNITED STATES of America
v.
Shawn ROBINSON, Appellant
05-5330.
Court of Appeals for the Third Circuit.
Mar 5, 2007.
Published opinion
482 F.3d 244
2007 U.S. App. LEXIS 8625
2007 WL 648375
Christopher J. Christie, U.S. Atty., George S. Leone, Chief, Appeals Div., Caroline A. Sadlowski, Asst. U.S. Atty., Newark, NJ, for Appellee., John F. Renner, Marlton, NJ, for Appellant.
McKee, Aldisert, Restani.
Cited by 29 opinions  |  Published

OPINION

ALDISERT, Circuit Judge.

On May 4, 2005, Shawn Robinson pleaded guilty to 10 counts of cocaine possession with the intent to distribute. See 21 U.S.C. § 841(a)(1), (b)(1)(C). The District Court for the District of New Jersey sentenced Robinson to 150 months’ imprisonment and three years’ supervised release. Robinson now appeals his punishment. He contends that the use of hearsay evidence at his sentencing hearing violated his Sixth Amendment right to confront his accusers. We conclude that Appellant’s argument lacks merit and, accordingly, we will affirm the judgment of the District Court.

I.

During a 10-month police investigation in Penns Grove, New Jersey, Robinson sold undercover informants approximately 167 grams of cocaine and 62 grams of crack cocaine. Robinson was subsequently arrested and charged with a twelve-count indictment. In May of 2005, he signed a plea agreement; the government dropped two charges of crack cocaine possession and Robinson pleaded guilty to 10 counts of cocaine possession with intent to distribute.

At the sentencing hearing, to the surprise of the prosecutor, Robinson claimed that he was set up by the government. He insisted that he only sold drugs to the undercover informant, and only as a result of the informant’s prodding. To rebut this contention, Sergeant Brian Facemyer of the Salem County Narcotics Task Force presented hearsay, testimony that Robinson sold drugs to at least seven different buyers. Facemyer explained that seven of Robinson’s regular customers provided taped, sworn statements admitting that they had purchased cocaine from Robinson. Based on their admissions, six of the[*246] buyers then pleaded guilty to drug-related offenses.

Concerned about his credibility, Robinson challenged the introduction of Faee-myer’s hearsay testimony. Appellant argued that under the Sixth Amendment’s Confrontation Clause he had the right to cross-examine .the seven individuals who accused him of dealing cocaine. The Confrontation Clause guarantees that “[i]n all criminal prosecutions, the accused shall enjoy the right ... to be confronted with the witnesses against him.” U.S. Const. amend. VI. To support his position, Robinson cited Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004), a Supreme Court case that examines the Sixth Amendment right to confront accusers at trial. The District Court rejected Appellant’s argument and considered- Facemyer’s testimony in fashioning Robinson’s sentence. Robinson now appeals.

II.

This case asks us to decide if the Sixth Amendment’s Confrontation Clause prevents the government from introducing hearsay evidence during sentencing hearings. Put another way: do criminal defendants have the right to cross-examine out-of-court witnesses during the sentencing phase? The law on this issue is well settled. Both the Supreme Court and this Court of Appeals have determined that the Confrontation Clause does not apply in the sentencing context and does not prevent the introduction of hearsay testimony at a sentencing hearing. See Williams v. Oklahoma, 358 U.S. 576, 584, 79 S.Ct. 421, 3 L.Ed.2d 516 (1959); United States v. Kikumura, 918 F.2d 1084, 1099-1100 (3d Cir.1990) (holding that the Confrontation Clause only applies at trial, not sentencing).

Robinson makes a valiant attempt to outflank the clear precedent of this Court. He argues that the Supreme Court’s recent decision in Crawford v. Washington mandates that we reevaluate how the Sixth Amendment applies to sentencing. We disagree. In Crawford, the Supreme Court held that in a criminal trial the Confrontation Clause prohibits consideration of out-of-court testimonial statements, unless the witness is unavailable and the defendant has had a previous opportunity to conduct cross-examination. See 541 U.S. at 68, 124 S.Ct. 1354. Crawford, however, never applies its rule to sentencing; nowhere does the decision refer to sentencing hearings. Crawford, therefore, provides no platform to reverse prior Supreme Court decisions that expressly allow the introduction of hearsay evidence in the sentencing context. [1]

Prosecutors, of course, may not introduce any and all hearsay testimony at a sentencing proceeding. The admission of hearsay statements in the sentencing context is subject to the requirements of the Due Process Clause. Under the precedent of this Court, hearsay statements must have some “minimal indicium of reliability beyond mere allegation.” Kikumura, 918 F.2d at 1102 (citations omitted); see also U.S.S.G. § 6A1.3(a) (courts may consider any evidence at sentencing “provided that the information has sufficient indicia of reliability to support its probable accuracy”). The evidence offered by the Government through the testimony of Sergeant Facemyer easily passes this test. The District Court noted that Facemyer’s testi[*247] mony was supported by audiotapes of Robinson talking with his buyers and taped sworn statements of those buyers admitting they purchased cocaine from Robinson on multiple occasions. Considering the footprint left by this evidence, the District Court’s decision to allow the hearsay testimony was warranted. Accordingly, we affirm the sentence imposed by the District Court.

‡ ‡ ‡ ‡ $ $

For the reasons detailed above, we will affirm the judgment of the District Court.

1

. We also note that none of our sister Courts of Appeals have interpreted Crawford to apply to sentencing hearings. See United States v. Chau, 426 F.3d 1318, 1323 (11th Cir.2005); United States v. Luciano, 414 F.3d 174, 179 (1st Cir.2005); United States v. Roche, 415 F.3d 614, 618 (7th Cir.2005); United States v. Martinez, 413 F.3d 239, 243 (2d Cir.2005).