United States v. Frosch, No. 13-3021 (8th Cir. 2014)
Annotate this CaseDefendant appealed the revocation of his supervised release after he beat up his girlfriend. The district court concluded that defendant committed three violations of Iowa law: false imprisonment, domestic abuse assault, and first-degree harassment. The court concluded that the physical evidence strongly corroborated the girlfriend's version of events and the district court was entitled to find her credible. The court rejected defendant's argument to the extent that an absence of state charges demonstrated the falsity of the girlfriend's position where the absence of a prosecution did not logically refute the district court's factual finding that an offense occurred in violation of the conditions of supervised release. Accordingly, the court affirmed the judgment of the district court.
Court Description: Criminal case - Criminal law. District court did not err in finding defendant committed a violation of his supervision by violating state law; the physical evidence corroborated the domestic abuse victim's version of the events, and the court was entitled to find her credible; absence of a state prosecution does not logically refute the district court's factual finding that an offense occurred in violation of the conditions of supervised release.
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