Probation Officer Could Identify Defendant In Robbery Video; Life Sentence Affirmed

U.S. v. Contreras, -- F.3d --, 2008 WL 3823059 (10th Cir. 8/18/08) - it was OK to permit Mr. Contreras' probation officer to testify she recognized him in bank robbery video. While the jury could review the surveillance footage, the po could base her identification on many factors that would not be apparent to the jury viewing Mr. Contreras in a courtroom. The probation officer could have been cross-examined re: her ability to ID without getting into details re: the nature of the relationship. There was no 6th Amend. violation because Mr. Contreras was afforded the opportunity to cross-examine the probation officer, even tho he elected not to take it.

Mr. Contreras' life sentence is upheld. Analogizing to the defendant's burden of proof of an affirmative defense at trial, the COA reaffirms prior case law holding constitutional the requirement that the defendant prove, in order to avoid a life sentence, that a prior robbery conviction should not count as a serious violent felony because no gun or dangerous weapon was used or threatened and there was no death or serious bodily injury.