United States v. Alvarez, No. 16-4154 (8th Cir. 2017)
Annotate this CaseThe Eighth Circuit affirmed the district court's revocation of supervised release based on defendant's multiple violations of drug-testing conditions and a charge of violating a new crime, domestic abuse assault by strangulation. The court held that the district court acted well within its discretion in proceeding with defendant's revocation in an efficient, legally permissible manner, and the evidence at the revocation hearing overwhelmingly supported the district court's finding that defendant committed a Grade A supervised release violation.
Court Description: Per Curiam - Before Wollman, Loken and Melloy, Circuit Judges] Criminal case - Criminal law. Where the petition for revocation of supervision included an allegation that defendant had committed a new state crime, the district court did not abuse its discretion by denying defendant's request to continue the revocation proceedings until after the disposition of the state proceedings; the denial did not violate defendant's Fifth Amendment privilege against self-incrimination as he was not compelled to testify at the revocation proceeding and could establish his defense to the allegation by other means, such as putting the government to its proof, cross-examining the government's witnesses and making legal objections; the evidence overwhelmingly established the violations, and the district court did not err in finding defendant violated his 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.