United States v. Robert White , 556 F. App'x 563 ( 2014 )

United States Court of Appeals
For the Eighth Circuit
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No. 13-2976
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United States of America,
lllllllllllllllllllll Plaintiff - Appellee,
v.
Robert L. White, also known as B-Bop LNU, also known as BeeBop LNU,
lllllllllllllllllllll Defendant - Appellant.
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Appeal from United States District Court
for the Western District of Missouri - Kansas City
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Submitted: April 23, 2014
Filed: May 16, 2014
[Unpublished]
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Before MURPHY, COLLOTON, and BENTON, Circuit Judges.
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PER CURIAM.
Robert White directly appeals the district court’s1 revocation of his supervised
release. His counsel has filed a brief, arguing (1) the government failed to prove a
1
The Honorable Fernando J. Gaitan, Jr., United States District Judge for the
Western District of Missouri.
supervised-release violation had occurred, (2) the government withheld material
information prior to the revocation hearing, and (3) the revocation hearing was
unnecessarily delayed. His counsel has also moved for leave to withdraw.
Upon careful review, we first conclude that the district court did not clearly err
in finding that White had violated the conditions of his supervised release. See 18
U.S.C. § 3583(e)(3) (court may revoke supervised release if it finds by preponderance
of evidence that defendant violated conditions of supervised release); United States
v. Perkins, 526 F.3d 1107, 1109 (8th Cir. 2008) (district court’s factfinding as to
whether violation occurred is reviewed for clear error). Next, we conclude that White
received the information to which he was entitled. See Fed. R. Crim. P. 32.1(b)(2)
(defendant is entitled to written notice of alleged violation and disclosure of evidence
against him); United States v. Sistrunk, 612 F.3d 988, 992 (8th Cir. 2010) (for
revocation notice to be effective it need only assure that defendant understands nature
of alleged violation); United States v. Ahlemeier, 391 F.3d 915, 921 (8th Cir. 2004)
(Rule 32.1(b)(2) does not require disclosure of witness list but rather disclosure of
evidence upon which government relies to support violation). Finally, we conclude
that White’s revocation hearing was held within a reasonable time and was not
unnecessarily delayed. See Fed. R. Crim. P. 32.1(b)(2) (court must hold revocation
hearing within reasonable time).
Accordingly, we affirm the judgment of the district court, and we grant
counsel’s motion to withdraw, subject to counsel informing White about procedures
for seeking rehearing or filing a petition for certiorari.
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