Reese: No Sixth Amendment Confrontation Right in Supervised Release Revocation Hearing

In U.S. v. Reese, No. 14-10257 (Jan. 5, 2015), the Court held, on plain error review, that the Sixth Amendment right to confrontation was not violated at a hearing to revoke supervised release when the results of a lab test were admitted through the testimony of a police officer instead of the lab technician who performed the test. The Court found that the Sixth Amendment applies only in “criminal prosecutions” which does not include parole revocation hearings – which the Court equated with supervised release revocation. The Court noted that eight other circuits have held that the Sixth Amendment does not apply in hearings for the revocation of supervised release, probation, or parole.