United States v. Smith, No. 12-2773 (8th Cir. 2013)
Annotate this CaseDefendant appealed the district court's revocation of his release and sentence of 31 months' imprisonment. The district court found that defendant had violated mandatory, standard, and special conditions of his supervised release. The court affirmed the judgment, concluding that the district court did not abuse its discretion by admitting a juvenile witness's out of court statements at the revocation hearing because the government's explanation for not producing the witness was reasonably satisfactory and because the testimony and other evidence offered in place of the witness's live testimony were sufficiently reliable. The court rejected defendant's argument that the district court improperly found witness tampering to be an alternative basis for revocation.
Court Description: Criminal case - Criminal law. In a proceeding to revoke defendant's supervision, consideration of the juvenile victim's out of court statements did not violate defendant's due process rights or Fed. R. Crim. P. 32 where the government offered ample justification for not calling the juvenile and provided testimony and other reliable evidence to establish the violations of supervision.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.