United States v. Carthen, No. 10-4817 (2d Cir. 2012)
Annotate this CaseDefendant appealed from the adoption by the district court of a magistrate judge's report and recommendation to revoke his supervised release for violating a mandatory condition of supervision that he "shall not commit another federal, state, or local crime." Defendant principally disputed the district court's determination that, under Federal Rule of Criminal Procedure 32.1, good cause existed to allow the government to introduce hearsay evidence during his Violation of Supervised Release (VOSR) hearing. The court held that defendant was not deprived of his constitutional right to confront and cross-examine adverse witnesses; the evidence presented at the VOSR hearing was sufficient to support the district court's finding that defendant committed felony assault under New York law; and the district court did not err in denying defendant's request to reopen the VOSR hearing.
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