United States v. Jones, No. 15-6119 (10th Cir. 2016)
Annotate this CaseIn 1998, Cameron Jones was convicted of interference with commerce by threat or violence, and of using and carrying a firearm during a crime of violence. In 2007, he was convicted of possession with intent to distribute cocaine and sentenced to 71 months in prison and five years of supervised release. The court also ordered the prison sentence to run consecutively to the 24-month term of incarceration imposed as a result of the revocation of supervised release in the 1998 case. In 2014, Jones was released from prison and began serving his five-year term of supervised release for the 2007 conviction. Approximately one month after his release, a member of the Rolling 60s Crips gang was murdered. Two days after the murder, the United States Probation Office filed a petition to revoke Jones’s supervised release, alleging Jones violated three conditions of his probation. The petition asserted Jones violated these conditions by murder, possessing a firearm, and associating with the victim, a convicted felon. The district court revoked Jones’s supervised release. It relied on hearsay evidence from the Government’s only witness at the revocation hearing. On appeal, Jones argued: (1) Federal Rule of Criminal Procedure 32.1(b)(2)(C) required the district court to apply a balancing test to determine whether hearsay evidence may be considered for revocation; (2) the district court abused its discretion because it did not apply the Rule 32.1(b)(2)(C) balancing test; and (3) this error was reversible. The Tenth Circuit agreed with Jones and reversed and remanded to the district court for a new revocation hearing.
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