United States v. Perez

BEA, Circuit Judge:

We are called upon in this case to decide whether a person on supervised release has a right to cross-examine the laboratory technician who tested a urine sample containing an illegal drug, where: (1) the test report itself stated the sample was “dilute” 1 — meaning the urine sample had been combined with another liquid at some point before or during the testing; (2) the evidence presented showed the person on supervised release did not have an opportunity herself to dilute nor add a substance to the sample; and (3) the result of the urinalysis was critical to support a…