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No Need to Specify Evidence Upon Which Supervised Release Revocation Is Based

By Jonathan Byrne

US v. Patterson:Patterson was in a local jail while also serving a term of supervised release when his cellmate overdosed and was taken to the hospital. Patterson was eventually charged with violating his conditions of supervised release by possessing heroin and Xanax with intent to distribute as a result of that incident. He denied the charges and the district court held a contested revocation hearing in which it heard testimony from the cellmate (he got better) and others. The district court concluded that Patterson had provided the drugs the cellmate used to overdose, revoked his term of supervised release, and imposed a term of 39 months in prison.On appeal, the Fourth Circuit affirmed Patterson?s revocation, but vacated his sentence. As to the revocation, the court rejected Patterson?s argument that the district court violated his due process rights by not specifying the particular evidence upon which it based its decision to revoke his term of supervised release...continue to full post

Full post as published by Fourth Circuit Blog on May 04, 2020 (boomark / email).