U.S. v. Hall

9 Citing cases

  1. United States v. Kelbch

    No. 22-5117 (10th Cir. Aug. 22, 2023)

    Thus, the district court may consider evidence of criminal conduct that violates a defendant's supervised release regardless of whether the defendant has been separately prosecuted. See United States v. Hall, 984 F.2d 387, 391 (10th Cir. 1993) (upholding the district court's finding of sufficient evidence to support a supervised release violation based on testimony about illegal activity that was not prosecuted).

  2. United States v. Pearson

    No. 18-6200 (10th Cir. Sep. 5, 2019)   Cited 1 times

    We review this factual finding for clear error. See United States v. Hall, 984 F.2d 387, 390 (10th Cir. 1993). A factual finding is clearly erroneous if it is "without factual support in the record" or if, after considering all of the evidence, we are "left with a definite and firm conviction that a mistake has been made."

  3. United States v. Miller

    No. 14-3281 (10th Cir. Oct. 9, 2015)

    Thus, the district court's factual findings will be upheld unless clearly erroneous. United States v. Hall, 984 F.2d 387, 390 (10th Cir. 1993). To support his position, Mr. Miller argues that many important activities in his son's business occurred prior to his release, and that he was merely a trusted advisor.

  4. United States v. Mullane

    480 F. App'x 908 (10th Cir. 2012)   Cited 8 times
    Finding adequate notice given for revocation of supervised release and noting that the defendant could have, but did not ask "prior to the revocation hearing for more detailed notice or more time to prepare defense" and that defendant had not demonstrated prejudice because he was able to argue at the hearing that "even if he were guilty of simple possession, he was not guilty of possession with intent to distribute"

    We review a district court's decision to revoke a term of supervised release for an abuse of discretion, and the district court's factual findings for clear error. Disney, 253 F.3d at 1212-13; United States v. Hall, 984 F.2d 387, 390 (10th Cir. 1993). In reviewing the sufficiency of the evidence, we must also view the evidence, and all reasonable inferences to be drawn therefrom, in the light most favorable to the government.

  5. U.S. v. Schultz

    385 F. App'x 842 (10th Cir. 2010)

    De novo review means that we make an independent determination of the issue. United States v. Hall, 984 F.2d 387, 389 (10th Cir. 1993). A factual finding is clearly erroneous only "if it is without factual support in the record or if the appellate court, after reviewing all the evidence, is left with a definite and firm conviction that a mistake has been made."

  6. U.S. v. Waldon

    308 F. App'x 277 (10th Cir. 2009)

    "The district court's factual findings are reviewed under a clearly erroneous standard." United States v. Hall, 984 F.2d 387, 390 (10th Cir. 1993). "Legal questions relating to the revocation of supervised release are reviewed de novo."

  7. U.S. v. Brown

    267 F. App'x 778 (10th Cir. 2008)

    We review the district court's factual findings in connection with its decision to revoke Brown's period of supervised release for clear error. See United States v. Hall, 984 F.2d 387, 390 (10th Cir. 1993). Having carefully reviewed the transcript of the revocation hearing, we discern no clear error in the district court's conclusion that Brown's state court conviction was valid.

  8. U.S. v. Disney

    253 F.3d 1211 (10th Cir. 2001)   Cited 27 times
    Holding that inclusion of word "forcibly" in § 111 "limit the proscribed acts to fewer than would fit the definition of the unmodified verbs ['assaults, resists, opposes, impedes,' etc.] alone," and "narrows the conduct prohibited"; rejecting government's argument that defendant violated § 111 "even though [he] did not have the present ability to actually harm [the victim]"

    "The district court must find by a preponderance of the evidence that the defendant violated a condition of his supervised release." United States v. Hall, 984 F.2d 387, 390 (10th Cir. 1993). This court reviews a district court's decision to revoke supervised release for abuse of discretion.

  9. U.S. v. Ringis

    78 F. Supp. 2d 905 (N.D. Iowa 1999)

    Because the Cooperation Statement was only an agreement with investigators, it does not come within the scope of § 1B1.8 protection, and this court need not reach the question of whether an agreement with members of a joint local, state, and federal task force necessarily is an agreement with the federal government, which would be binding in this prosecution by federal prosecutors. See, e.g., United States v. Hall, 984 F.2d 387, 389-90 (10th Cir.1993) (holding that a cooperation agreement with state prosecutors was not binding on the United States under the facts of the case, because it concerned only state crimes and United States representatives did not know about, or agree to be bound by, the agreement).