Defendant appealed from the district court’s revocation of supervised release after he was found to be in possession of a firearm in violation of the terms of his supervised release. On appeal, defendant argued that the trial court violated his due process rights when it allowed defendant’s probation officer to narrate a video purportedly showing him in possession of a firearm and that the district court erred when it concluded that he possessed a firearm. The Seventh Circuit affirmed, finding that while the trial court erred when it did not allow defendant to cross-examine the probation officer, it was harmless error, and that the district court’s conclusion that the video showed defendant in possession of a firearm was not clearly erroneous. (BRENNAN and KIRSCH, concurring)
Federal 7th Circuit Court
Criminal Court
Due Process