United States Eighth Circuit

Revocation of defendant's supervised release and imposition of a 24-month sentence are affirmed over claims that the judgment of the district court should be vacated and the case remanded because: 1) the magistrate judge lacked jurisdiction to conduct the revocation hearing; 2) the district court failed to undertake the requisite de novo review of the entire record; 3) defendant was not present at the time the district court adopted the magistrate judge's report and sentenced him; and 4) his sentence was unconstitutionally imposed to punish him for the offense underlying his revocation, rather than for his original offense.

Appellate Information

• Decided 08/27/2008
• Published 08/27/2008

Judges

• SHEPHERD, Circuit Judge., Before MELLOY, GRUENDER, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Richard J. Henderson, AFPD, argued, Fargo, ND, for appellant.


• For Appellees:
  
• Brett M. Shasky, AUSA, argued, Fargo, ND, for appellee.