By: Derek Hawkins//August 3, 2015//
Criminal
7th Circuit Court of Appeals
Officials: WOOD, Chief Judge, FLAUM, Circuit Judge, and KENNELLY, District Judge
Revocation – Notice
No. 14-2010 United Sates of America v. Robert Lee
Where list of violations on revocation petition sufficient for notice requirement.
“In any event, Lee’s situation differs from Havier’s in several respects. Lee could not have had any doubt about the conduct underlying the accusation because the revocation notice cited the specific police report at issue. That report contained allegations that he had assaulted Pulliam with a baseball bat. The notice that Havier received was nowhere near as complete. See Havier, 155 F.3d at 1092 (“[D]efendant’s conduct during his arrest by Tucson Police constituted an offense with the element of eminent [sic] life threatening danger to law enforcement personnel.”). It is true that for both Lee and Havier, “the district court judge and counsel themselves appeared to be speculating about which … violations could have or should have been alleged in the revocation petition.” Id. at 1093. But during Havier’s hearing, the range of offenses considered was far greater. They included “felon in possession of a firearm, assault on a police officer, and reckless display of a weapon. One offense proposed, failure to obey a police officer, turned out to be a traffic violation.” Id. In Lee’s case, the government and the district judge were discussing the elements of the alleged offense and what was an aggravating factor. There is a big difference between choosing among several distinct offenses and evaluating which elements are required for one offense.”
Decision
Affirmed.