United States v. Dexter Spears
712 F. App'x 229
4th Cir.2017Background
- In 2007 Dexter N. Spears pled guilty to possession with intent to distribute cocaine and to violating 18 U.S.C. § 924(c) for possessing a firearm during a drug trafficking crime; he was sentenced to 87 months plus 3 years supervised release.
- While on supervised release, Spears was accused of using cocaine and committing new criminal conduct involving an alleged forcible entry and assault of a victim in her apartment.
- At the supervised-release revocation hearing the victim testified that Spears kicked in her front door, placed his hands around her neck, and caused her to fall to her knees; Spears and another witness disputed her account.
- Photographs showed damage to the door and injuries to the victim (including a swollen right knee); an officer found part of the lock on the ground and testified the door had recent damage.
- The district court credited the victim’s testimony, found Spears committed new criminal conduct in violation of supervised-release conditions, and revoked supervised release.
- Spears appealed, arguing the district court clearly erred in crediting the victim because the photographic evidence did not support her account; the Fourth Circuit affirmed.
Issues
| Issue | Spears' Argument | Government's Argument | Held |
|---|---|---|---|
| Whether the district court clearly erred in crediting the victim’s testimony that Spears committed new criminal conduct | Photographs of the door and of the victim’s injuries do not support her testimony, so the court erred in finding the conduct proven | Photographs and officer testimony corroborated force to the door and the victim’s injuries; court was entitled to credit the victim | No clear error; court properly credited victim and affirmed revocation |
| Standard of proof for revocation | N/A (focused on factual sufficiency) | N/A | Violation need only be proven by preponderance of the evidence |
| Review standard for credibility findings | N/A | N/A | Credibility findings are virtually unassailable on appeal; factual findings reviewed for clear error |
Key Cases Cited
- United States v. Padgett, 788 F.3d 370 (4th Cir. 2015) (review standards for revocation decisions and factual findings)
- United States v. Cates, 613 F.3d 856 (8th Cir. 2010) (credibility determinations are nearly unreviewable on appeal)
- United States v. Hall, 664 F.3d 456 (4th Cir. 2012) (when judge credits one coherent witness over another, such a finding is rarely clear error)
- Anderson v. Bessemer City, 470 U.S. 564 (1985) (principles on appellate review of trial court factfinding and credibility)