United States v. Horace Littlesun

KLEINFELD, Circuit Judge:

We publish this opinion to resolve whether, after Crawford v. Washington, it is appropriate to use hearsay testimony during sentencing. We join each of our sister circuits who have considered the issue in concluding that it is.

FACTS

Horace Littlesun, his wife, and numerous others conspired to sell and sold methamphetamine on the Northern Cheyenne Indian Reservation in Montana. Their inventory came from several out-of-state individuals the reservation residents called “the Mexicans.”

Littlesun pled guilty to selling 3.7 grams of methamphetamine to an undercover…