United States Second Circuit

Revocation of the appellant's supervised release is affirmed, where: 1) under Federal Rule of Criminal Procedure 32.1, good cause existed to allow the government to introduce hearsay evidence during the appellant's Violation of Supervised Release (VOSR) hearing; 2) the evidence presented at the VOSR hearing was sufficient to support the district court's finding that the appellant committed attempted felony assault under New York law; and 3) the district court did not err in denying the appellant's request to reopen the VOSR hearing, as evidence of the victim's recantation was not sufficiently credible to undermine her earlier corroborated and sworn accounts of the attacks.

Appellate Information

• Decided 05/23/2012
• Published 05/23/2012

Judges

• Winter

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Edward S. Zas, Tyler J. Smith