United States v. Foley, No. 19-20129 (5th Cir. 2020)Annotate this Case
A district court errs when it relies on a bare allegation of a new law violation contained in a revocation petition unless the allegation is supported by evidence adduced at the revocation hearing or contains other indicia of reliability, such as the factual underpinnings of the conduct giving rise to the arrest.
The Fifth Circuit affirmed defendant's 24 month sentence for violating a condition of his supervised release. The court held that the district court erred because it gave significant weight to the bare allegations contained in the revocation petition regarding defendant's arrest on the assault and possession charges and because this impermissible factor was a dominant factor in its decision. However, the court ultimately affirmed the sentence because the error was not clear under existing law.