Admission of Evidence

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7^th Circuit Court of Appeals

Case Name: United States of America v. David Perez

Case No.: 22-3282

Officials: Hamilton, Brennan, and Kirsch, Circuit Judges.

Focus: Admission of Evidence

While on federal supervised release, David Perez was caught on a police surveillance camera holding what appeared to be a firearm, a clear violation of both his release conditions and federal law. During a revocation hearing, the government presented the surveillance footage as evidence. When the district judge asked Perez’s probation officer to describe the video, Perez objected, requesting the opportunity to cross-examine her. However, the district court denied this request, stating that the probation officer was not considered a witness and that her narration was solely for the hearing transcript. Perez’s counsel declined the judge’s offer to propose questions for the probation officer.

Perez appealed the decision, arguing that the probation officer effectively acted as an adverse witness and that his rights were infringed by the denial of cross-examination. He also disputed the district court’s determination that he possessed a firearm, contesting the subsequent revocation of his supervised The Seventh Circuit agreed that Perez should have been allowed to cross-examine the probation officer. However, it deemed this error as inconsequential, as the district court did not base its conclusion of Perez’s firearm possession on the probation officer’s testimony. The surveillance video itself provided ample evidence. The court ruled that the district court’s decision to revoke Perez’s supervised release was not an abuse of discretion, affirming its judgment.

Affirmed.

Decided 04/24/24

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