First Circuit says Crawford does not apply at sentencing

Thanks to this post at Appellate Law & Practice, I see that the First Circuit in US v. Luciano, No. 04-1024 (1st Cir. July 8, 2005) (available here), has held that “[n]othing in Crawford requires us to alter our previous conclusion that there is no Sixth Amendment Confrontation Clause right at sentencing.”  The First Circuit in Luciano, following the lead of the Second Circuit in Martinez (discussed here), also holds that “nothing in Blakely or Booker necessitates a change in the majority view that there is no Sixth Amendment right to confront witnesses during the sentencing phase.”