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U.S. v. WISE

No. 90-1070.

976 F.2d 393 (1992)

UNITED STATES of America, Appellee, v. James Michael WISE, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided September 17, 1992.

Attorney(s) appearing for the Case

Dennis J. David, Bryant, Ark., argued, for appellant.

Robert J. Erickson, Washington, D.C., argued (Matt Flemming, J. Michael Fitzhugh and Robert J. Erickson, on the brief), for appellee.

Before LAY, Chief Judge, McMILLIAN, RICHARD S. ARNOLD, JOHN R. GIBSON, FAGG, BOWMAN, WOLLMAN, MAGILL, BEAM, and LOKEN, Circuit Judges, En Banc.

WOLLMAN, Circuit Judge.

I.

In United States v. Wise, 923 F.2d 86 (8th Cir.1991), a panel of this court reversed James Michael Wise's sentence on the ground that the district court had improperly relied upon a probation officer's hearsay testimony without undertaking the confrontation clause analysis required by our decision in United States v. Fortier, 911 F.2d 100 (8th Cir...

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