What is the test for admitting evidence for abuse of the confrontation clause?

We review a district court's decision to admit evidence for abuse of discretion. United States v. Winn, 767 F.2d 527 (9th Cir.1985). If an abuse of discretion exists, the resulting prejudice to the defendant is subject to harmless error analysis. United States v. Vargas, 933 F.2d 701, 705 (9th Cir.1991). If the error violates the confrontation clause, "the conviction must be reversed unless this court is persuaded beyond a reasonable doubt that the error was harmless." Id.

The confrontation clause does not prohibit the use of out-of-court statements if the declarant is otherwise unavailable and the circumstances in which the statement was made indicate the statement's reliability. United States v. Holland, 880 F.2d 1091, 1094 (9th Cir.1989), citing Bourjaily v. United States, 483 U.S. 171, 182, 107 S.Ct. 2775, 2782, 97 L.Ed.2d 144 (1987).