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Friday, August 25, 2006

Sixth Amendment’s indictment, jury trial, and beyond reasonable doubt requirements do not apply to supervised release revocation proceeding

SENTENCING
United States v. Cordova,
No. 05-6093, ___ F.3d ___ (10th Cir. Aug. 22, 2006)(W.D. Oklahoma).

Appeal of sentence imposed for violation of terms of supervised release.

HELD: Defendant’s sentence following revocation of supervised release was not imposed in violation of Sixth Amendment. Defendant in supervised release revocation proceeding is not entitled to indictment by grand jury, jury trial, or to be found “guilty”of violating terms of supervised release beyond reasonable doubt.

Read the opinion here.

posted by Russ at 5:33 PM


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