United States of America v. Scott James

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
SCOTT JAMES,
Defendant - Appellant.
No. 12-10466
D.C. No. 2:11-cr-00208-GEB
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Garland E. Burrell, Jr., District Judge, Presiding
Submitted June 18, 2013**
Before: TALLMAN, M. SMITH, and HURWITZ, Circuit Judges.
Scott James appeals from the district court’s judgment and challenges the
80-month sentence imposed following his guilty-plea conviction for being a felon
in possession of a firearm, in violation of 18 U.S.C. § 922(g). We have jurisdiction
under 28 U.S.C. § 1291, and we affirm.
FILED
JUN 21 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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James contends that the district court violated his due process rights by
relying on hearsay evidence that lacked sufficient indicia of reliability to support
an upward adjustment for obstruction of justice under U.S.S.G. § 3C1.1 and an
upward variance. See United States v. Petty, 982 F.2d 1365, 1369 (9th Cir. 1993),
amended by 992 F.2d 1015 (9th Cir. 1995) (“Due process requires that some
minimal indicia of reliability accompany a hearsay statement.”). We review the
district court’s determination of reliability for abuse of discretion. See id. The
district court did not abuse its discretion in concluding that the testimony of a
special agent relaying the statements of disinterested university officials was
sufficiently reliable.
AFFIRMED.
12-10466 2

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