United States v. Carthen
2012 U.S. App. LEXIS 10428
| 2d Cir. | 2012Background
- Carthen released to a three-year term of supervised release on February 26, 2010.
- Probation officer learned of possible violations after Marquita filed a Temporary Order of Protection.
- On April 27, 2010, government filed a Violation of Supervised Release (VOSR) report with two counts.
- Evidence relied on interviews with Marquita, Booker, and Nancy, plus documents and a observed scar on Marquita's hand.
- Marquita described Feb. 26 and Mar. 15–21, 2010 assaults by Carthen; she sought protection and shelter.
- District court admitted hearsay under Rule 32.1 good cause; Marquita later recanted in a letter; district court denied reopening; Carthen was sentenced.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Confrontation clause and hearsay admission | Carthen argues Confrontation Clause violation due to admitted hearsay. | Carthen argues good cause under Rule 32.1 allows hearsay without confrontation. | No abuse; good cause supported admission of hearsay. |
| Sufficiency of evidence for felonious conduct | Government evidence insufficient for assault in the second degree. | Evidence shows attempted assault in second degree with intent and dangerous instrument. | Evidence supports attempted felony assault; assault in the second degree not proven. |
| Reopening the VOSR hearing after recantation | District court should reopen in light of Marquita's recantation. | Recantation is unreliable and district court appropriately denied reopening. | No abuse; denial of reopening was within discretion. |
Key Cases Cited
- Morrissey v. Brewer, 408 F.3d 471 (U.S. Supreme Court 1972) (Confrontation rights in revocation proceedings discussed)
- United States v. Williams, 443 F.3d 35 (2d Cir. 2006) (Rule 32.1 good cause balancing framework)
- United States v. McNeil, 415 F.3d 273 (2d Cir. 2005) (VOSR standard proof by preponderance)
- United States v. Jones, 299 F.3d 103 (2d Cir. 2002) (balancing good cause factors; prescribes abuse-of-discretion review)
- United States v. Jackson, 347 Fed. Appx. 701 (2d Cir. 2009) (recantation and corroboration considerations in hearsay)