Federal 7th Circuit Court
Criminal Court
Supervised Release
Defendant was entitled to new revocation hearing, where Dist. Ct. revoked defendant’s supervised release, after finding that defendant violated terms of supervised release by, among other things, committing new criminal offense based on Texas indictment on marijuana possession charge. While defendant disputed claim that he had possessed said marijuana, Dist. Ct. improperly found that defendant had possessed said marijuana based upon contents of police report regarding defendant’s arrest on said marijuana charge, without making interests of justice finding that police report was reliable or that good cause existed for admission of said hearsay document as required under Rule 32.1(b)(2)(C). Moreover, Dist. Ct. should have performed balancing test before admitting police report at revocation hearing.