CASE LAW UPDATE: Whether the evidence established by a preponderance of the evidence that defendant violated his supervised release?
The District Court revoked defendant’s supervised release. Defendant appealed. On appeal, defendant argued that the District Court erred in finding that a preponderance of the evidence showed that defendant had violated the conditions of supervised released. In a supervised release proceeding, the burden of proof is preponderance of the evidence. The Eighth Circuit Court of Appeals held that where the District Court did not make a clear error in its findings of fact, there was no basis to overturn its decision to revoke defendant’s supervised release.
United States v. Bevins, 21-2722, per curiam. Appealed from United States District Court, Northern District of Iowa.
Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.