United States v. Harrison, No. 15-1246 (8th Cir. 2015)
Annotate this CaseDefendant appealed the revocation of his supervised release and imposition of a sentence of 24 months' imprisonment. The court concluded that the district court did not abuse its discretion by admitting a probation officer’s testimony and the Virginia arrest warrants and incident report, because producing the live testimony of the Virginia officers at the Missouri revocation hearing would have been unreasonably burdensome and impractical, and because the evidence offered in place of that testimony was sufficiently reliable. The court also concluded that the district court did not err in concluding that the Virginia offense of malicious bodily injury to law-enforcement officers qualified as a crime of violence under U.S.S.G. 4B1.2(a) and a Grade A violation of supervised release. Accordingly, the court affirmed the judgment.
Court Description: Wollman, Author, with Colloton and Kelly, Circuit Judges] Criminal case - Criminal law. The district court did not err in admitting Virginia arrest warrants and incident reports in lieu of live testimony as the burden of producing the witnesses would have been considerable and the reports bore sufficient indicia of reliability for their admission; further, defendant's own statements at the revocation hearing sufficiently corroborated the reports and made it clear they were reliable; the district court did not err in determining the Virginia felony of malicious bodily injury to police officers was a crime of violence under Guidelines Sec. 4B1.2(a) and a Grade A violation of defendant's supervision. Judge Kelly, dissenting.
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