United States v. Henry, No. 15-6181 (10th Cir. 2016)Annotate this Case
Defendant-appellant Tremale Henry was on supervised release after term in prison when he got into an altercation with another man outside an Oklahoma City night club. At the probation revocation hearing that followed, the district court found Henry responsible for two separate assaults with a dangerous weapon. In the first assault, the court found that Henry swung a knife at his victim but missed. In the second assault an hour later, the court found that Henry struck again, this time successfully stabbing his victim. The court found each assault independently sufficient to warrant
revocation of Henry’s supervised release. It then concluded that the two assaults, along with a third violation for lying to his probation officer, collectively warranted a new prison term of 24 months followed by six further years of supervised release. On appeal Mr. Henry argues that the district court erred by relying on hearsay in reaching its judgment. Finding only that the district court relied on hearsay for the second assault, the Tenth Circuit affirmed in part, and reversed in part, remanding for recalculation of Henry's sentence.
The court issued a subsequent related opinion or order on February 3, 2017.