United States of America v. Kevin Lee Davis, aka Slow and Yellow Dude

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
KEVIN LEE DAVIS, aka Slow and
Yellow Dude,
Defendant - Appellant.
No. 07-17194
D.C. Nos. CV-05-03756-DLJ
CR-98-40082-DLJ
MEMORANDUM*
Appeal from the United States District Court
for the Northern District of California
D. Lowell Jensen, Senior District Judge, Presiding
Submitted January 12, 2011**
San Francisco, California
Before: KOZINSKI, Chief Judge, NOONAN and SILVERMAN, Circuit
Judges.
Davis’s case was not yet final on direct appeal when the Supreme Court
decided Crawford v. Washington, 541 U.S. 36 (2004). See Caspari v. Bohlen, 510
FILED
JAN 14 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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U.S. 383, 390 (1994) (“[A] conviction and sentence become final for purposes of
retroactivity analysis when . . . a timely filed petition [for writ of certiorari] has
been finally denied.”). Under Crawford, the admission of Medina’s statement
violated Davis’s Confrontation Clause rights—a point the government now
concedes. See Crawford, 541 U.S. at 68. We therefore remand for the district
court to determine if the error was prejudicial.
REVERSED AND REMANDED.

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