United States v. Quinton Neal Fennell

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that probation officer's testimony, which repeated \unsworn out-of-court statements made [over the phone] by an unobserved witness and unsupported by other evidence\ could not sustain the defendant's sentence enhancement
• holding that unsworn allegations made to an officer in a telephone interview were not reliable, in part because the officer did not observe declarant’s “demeanor during the interview and therefore could not form any opinion as to her veracity”
• stating that a sentencing enhancement is improper, thus warranting reversal, when the only evidence to support that enhancement has not been shown to be sufficiently reliable for use at sentencing
• concluding sentencing hearsay evidence did not possess sufficient indicia of reliability because (1) no sworn affidavit was prepared; (2) the interview was conducted over the phone, depriving the officer of the opportunity to “observe [the victim’s] demeanor”; and (3
• remanding for resentencing after finding sentencing enhancement factually unsupported

Source: CourtListener parenthetical corpus (CC0).