033265P.pdf   06/10/2004  United States  v.  Sidney L. Martin
   U.S. Court of Appeals Case No:  03-3265
   Western District of Missouri   
   Criminal case - criminal law. In proceeding to revoke defendant's 
   supervised release, defendant may have waived his right to confront the 
   complaining adverse witnesses when he agreed the proceeding could 
   continue without their appearances, but he did not waive his right to 
   object to improper hearsay evidence offered by the government to meet 
   its burden of proof that he committed the alleged assaults; district court 
   did not err in admitting first victim's statements, as the government's 
   reasons for failing to produce her - she was out of state and could not be 
   found - were reasonably satisfactory and her statements were sufficiently 
   reliable; first victim's statements provided basis for finding defendant 
   violated the conditions of his release by committing an assault; the 
   second victim's statements were not admissible because the government 
   did not provide a reasonable explanation for failing to produce her and 
   her statements were not reliable; even though the court's finding that the 
   defendant assaulted the second victim must be reversed, the revocation of 
   release is affirmed because defendant did assault the first victim; district 
   court's statements showed it properly considered the relevant sentencing 
   factors of Sec. 3553(a), as well as the Chapter Seven policy statements. 
   [PUBLISHED] [Loken, Author, with Bowman and Wollman, Circuit 
   Judges]