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In a federal drug prosecution, the government offers a signed lab certificate stating that a powder seized from Defendant contained fentanyl. The analyst who signed the certificate has moved overseas and will not testify. Defendant never had an earlier opportunity to cross-examine the analyst. The prosecutor argues that the certificate fits a records exception and is therefore admissible.
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The certificate may violate the Confrontation Clause if it is testimonial, offered against a criminal defendant, and the analyst is unavailable with no prior opportunity for cross-examination. The certificate is admissible because laboratory analysts are never witnesses. The certificate is admissible against the defendant if it fits a hearsay exception, because the Confrontation Clause adds no separate limit. The certificate is admissible if the prosecutor gives the defense a copy before trial, even without cross-examination.

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