The federal rules of evidence do not apply in supervised release revocation hearings, but courts must balance the right to confrontation against the government's reasons for denying it.
After a defendant's supervised release was revoked based on hearsay testimony from a federal agent regarding overheard conversations, the defendant appealed, arguing that the Federal Rules of Evidence apply to such proceedings. The court holds that the Federal Rules of Evidence do not apply to supervised release revocation hearings. However, the court determines that in deciding whether to admit hearsay, a court must balance the defendant's right to confront adverse witnesses against the government's grounds for denying confrontation and must ensure the hearsay is reliable. Although the district court erred by failing to perform this balancing test, the error was harmless because the remaining evidence overwhelmingly demonstrated a violation of supervised release conditions.
At page 114 Balancing due process and hearsay admissibility in revocation hearings129 citing cases“must balance the defendant's right to confront adverse witnesses against the grounds asserted by the government for denying confrontation.”
- United States v. Cintron-Ortiz, No. 20-1366P (1st Cir. May 19, 2022).published([W]e find the error to be harmless because the properly considered evidence overwhelmingly demonstrated that [the defendant] breached the terms of his supervised release.)
- United States v. Tremayne Nadatra Pace, 694 F. App'x 764 (11th Cir. 2017).unpublished To prevail on such a due-process challenge, “a defendant must show (1) that the challenged evidence is materially false or unreliable and (2) that it actually served as the basis for the sentence.” Ghertler, 605 F.3d at 1269 ; see also Uni…
- United States v. Brown, 685 F. App'x 891 (11th Cir. 2017).unpublished ([T]he hearsay statement must be reliable.)
- United States v. Devin Sherman, 342 F. App'x 535 (11th Cir. 2009).unpublished See id. at 112 (“A district court’s revocation of supervised release is reviewed under an abuse of discretion standard.”).
- United States v. Michael John Anthony Hutchinson, 180 F. App'x 74 (11th Cir. 2006).unpublished(Claims not presented to the court of appeals are considered waived.)
- United States v. James Reginald Talley, 83 F.4th 1296 (11th Cir. 2023).published“congress created supervised release in 1984.”
- United States v. Jonathan Young, No. 24-13646 (11th Cir. Jan. 12, 2026).unpublishedUnited States v. Frazier, 26 F.3d 110, 114 (11th Cir. 1994).
- United States v. Michael Hubbard, No. 24-13158 (11th Cir. Dec. 17, 2025).unpublished Hubbard asserted that, under United States v. Frazier, 26 F.3d 110, 114 (11th Cir. 1994), the district court may rely on such hearsay evidence only after determining that the government’s reason for not calling a declarant as a witness out…
- United States v. Clonet Charmant, No. 25-10202 (11th Cir. Oct. 30, 2025).unpublishedWhile Charmant is correct that he enjoyed certain minimal due process protections in his revocation proceedings, see United States v. Frazier, 26 F.3d 110, 114 (11th Cir. 1994), he points us to no binding precedent requiring vacatur in the…
- United States v. Deonte M. Wright, No. 23-14107 (11th Cir. Feb. 3, 2025).unpublished United States v. Frazier, 26 F.3d 110, 112 (11th Cir. 1994).
Show 116 more citing cases
- United States v. John Benton Wood, No. 24-10496 (11th Cir. Dec. 10, 2024).unpublished“Defendants involved in revocation proceedings are entitled to certain minimal due process requirements.” United States v. Frazier, 26 F.3d 110, 114 (11th Cir. 1994).
- United States v. Adam Edgar Stagner, No. 23-11118 (11th Cir. June 28, 2024).unpublishedUnited States v. Frazier, 26 F.3d 110, 114 (11th Cir. 1994).
- United States v. Vanda Maurice Gilmore, No. 23-13066 (11th Cir. Apr. 23, 2024).unpublished Gilmore argues that the district court plainly erred in considering Robinson’s hearsay testimony without conducting the balancing test in United States v. Frazier, 26 F.3d 110, 114 (11th Cir. 1994), and that it clearly erred in finding tha…
- United States v. Donnie Joe Singleton, No. 23-11464 (11th Cir. Apr. 18, 2024).unpublishedUnited States v. Frazier, 26 F.3d 110, 112 (11th Cir. 1994).
- United States v. James Light, Jr., No. 23-12371 (11th Cir. Feb. 7, 2024).unpublished (concluding error was harmless because, even absent the challenged evidence, there was sufficient evidence to find Frazier had violated the terms of his supervised release)
- United States v. Santiago Salcedo, No. 23-12676 (11th Cir. Jan. 12, 2024).unpublished “Although the Federal Rules of Evidence do not apply in supervised release revocation hearings, the admissibility of hearsay is not automatic.” United States v. Frazier, 26 F.3d 110, 114 (11th Cir. 1994).
- Matthews v. Sec'y, Dep't of Corr. (Hernando Cnty.), No. 8:21-cv-00103 (M.D. Fla. Nov. 21, 2023).“Defendants involved in revocation proceedings are entitled to certain minimal due process requirements.” United States v. Frazier, 26 F.3d 110, 114 (11th Cir. 1994).
- United States v. Koretsky Magloire, No. 22-10439 (11th Cir. Nov. 25, 2022).unpublished(explaining that a defendant must be afforded “certain minimal due process requirements” during a revocation hearing)
- United States v. Carl Bennett, No. 21-11599 (11th Cir. Sept. 19, 2022).unpublishedUnited States v. Frazier, 26 F.3d 110, 113 (11th Cir. 1994).
- Sammy Lee Grimes v. State, 875 S.E.2d 500 (Ga. Ct. App. 2022).published Appx. 807 , 809 (III) (A) (11th Cir. 2019) (holding the district court committed reversible error by relying on hearsay during appellant’s supervised release revocation hearing because “[t]he government did not offer any explanation for it…
- United States v. Kingsley Lydell Wright, No. 21-14169 (11th Cir. June 3, 2022).unpublished “Although the Federal Rules of Evidence do not apply in supervised release revocation hearings, the admissibility of hearsay is not automatic.” United States v. Frazier, 26 F.3d 110, 114 (11th Cir. 1994).
- United States v. Anthony Moore, 22 F.4th 1258 (11th Cir. 2022).publishedAccordingly, Moore’s sentence was not substantively unreasonable. 11 Moore also argues that the district court erred in admitting Stearns’s testimony without finding that it was reliable or providing him an opportunity to cross-examine Ste…
- United States v. Fredrick Tyrone Eirby, No. 21-11577 (11th Cir. Sept. 9, 2021).unpublished“Defendants involved in revocation proceedings are entitled to certain minimal due process requirements.” United States v. Frazier, 26 F.3d 110, 114 (11th Cir. 1994).
- United States v. Sandy De La Fe, No. 21-11987 (11th Cir. Aug. 31, 2021).unpublishedUnited States v. Frazier, 26 F.3d 110, 114 (11th Cir. 1994). “[T]hese same minimal due process requirements” are incorporated in Federal Rule of Criminal Procedure 32.1, which governs revocation proceedings.
- United States v. Erskine D. Salter, No. 20-14511 (11th Cir. Aug. 25, 2021).unpublished United States v. Frazier, 26 F.3d 110, 113-14 (11th Cir. 1994).
- United States v. Michael Albert Focia, No. 20-14369 (11th Cir. May 20, 2021).unpublishedP. 32.1, see United States v. Frazier, 26 F.3d 110, 114 (11th Cir. 1994).
- United States v. Fakeria Shazay Phillips, No. 20-10455 (11th Cir. Feb. 16, 2021).unpublishedUnited States v. Frazier, 26 F.3d 110, 114 (11th Cir. 1994).
- United States v. Topaz Darden, No. 19-14163 (11th Cir. Sept. 30, 2020).unpublished “Knowledge that goods 1 “Although the Federal Rules of Evidence do not apply in supervised release revocation hearings, the admissibility of hearsay is not automatic.” United States v. Frazier, 26 F.3d 110, 114 (11th Cir. 1994).
- United States v. Tyrone Dunkley, No. 19-10900 (11th Cir. Apr. 28, 2020).unpublishedUnited States v. Frazier, 26 F.3d 110, 114 (11th Cir. 1994).
- United States v. Larry Dresean Bryant, 809 F. App'x 609 (11th Cir. 2020).unpublishedUnited States v. Frazier, 26 F.3d 110, 114 (11th Cir. 1994); see Fed. R.
- United States v. Marcolynn Germaine Williams, No. 19-13348 (11th Cir. Jan. 23, 2020).unpublishedUnited States v. Frazier, 26 F.3d 110, 114 (11th Cir. 1994).
- United States v. Jeremy C. Jones, No. 19-12217 (11th Cir. Jan. 8, 2020).unpublishedUnited States v. Frazier, 26 F.3d 110, 114 (11th Cir. 1994); United States v. Evers, 534 F.2d 1186, 1188 (5th Cir. 1976).
- United States v. Tavaris Lamon Body, 791 F. App'x 807 (11th Cir. 2019).unpublished (applying Morrissey in the context of a supervised release revocation)
- Norman McDaniels v. State of Alaska, 451 P.3d 403 (Alaska Ct. App. 2019).publishedFacilities, 103 P.3d 900, 906 (Alaska 2004)). 10 See Mahan, 51 P.3d at 966 (citing examples of cases where, in contrast, “a defendant who chooses to proceed without demanding a ruling from the court waives the potential claim of error”). –…
- United States v. Charles Dana Combs, II, 546 F. App'x 920 (11th Cir. 2013).unpublished
- United States v. Ariasmendy Pilier, 362 F. App'x 66 (11th Cir. 2010).unpublished
- United States v. George Anthony Zayas, 146 F. App'x 346 (11th Cir. 2005).unpublished
- United States v. George Morris, 140 F. App'x 138 (11th Cir. 2005).unpublished
- United States v. James Wooden, 179 F. App'x 601 (11th Cir. 2006).unpublished
- United States v. Demarco Statham, 180 F. App'x 68 (11th Cir. 2006).unpublished
- United States v. Sherman Lavan Douglas, 215 F. App'x 907 (11th Cir. 2007).unpublished
- United States v. Cedric Gay, 305 F. App'x 646 (11th Cir. 2008).unpublished
- United States v. Eddie Davis, 330 F. App'x 183 (11th Cir. 2009).unpublished
- United States v. Duncan, 419 F. App'x 894 (11th Cir. 2011).unpublished
- United States v. Ernest Lee Graham, 64 F.3d 660 (4th Cir. 1995).unpublished
- United States v. Manuel Guerrero-Mota, 108 F.3d 339 (9th Cir. 1997).unpublished
- United States v. Amara Juwara, 477 F. App'x 613 (11th Cir. 2012).unpublished
- United States v. James Anthony Campbell, 499 F. App'x 873 (11th Cir. 2012).unpublished
- United States v. Vance Lewis Whetstone, 520 F. App'x 924 (11th Cir. 2013).unpublished
- United States v. Louis Allen, 523 F. App'x 542 (11th Cir. 2013).unpublished
- United States v. Marvin Edward Ross, 368 F. App'x 949 (11th Cir. 2010).unpublished
- United States v. Willie Evans, Jr., 662 F. App'x 681 (11th Cir. 2016).unpublished
- United States v. Lewis Clay, No. 17-14545 (11th Cir. Aug. 3, 2018).unpublished
- United States v. Fernando Viera Cordova, No. 17-15232 (11th Cir. Aug. 22, 2018).unpublished
- United States v. Jutaurio Preshae Clemons, No. 25-11566 (11th Cir. May 29, 2026).unpublished
- United States v. Acosta Theonore Andre, 491 F. App'x 109 (11th Cir. 2012).unpublished
- United States v. Mario Eugene Pride, 595 F. App'x 863 (11th Cir. 2014).unpublished
- United States v. Zeno Higgs, No. 25-10996 (11th Cir. Sept. 22, 2025).unpublished
- United States v. Yomi Balogun, 168 F. App'x 395 (11th Cir. 2006).unpublished
- United States v. Roberto Martin, 176 F. App'x 4 (11th Cir. 2006).unpublished
- United States v. Jose Lazaro Robaina, 194 F. App'x 735 (11th Cir. 2006).unpublished
- United States v. Richard Neal Barefoot, 342 F. App'x 473 (11th Cir. 2009).unpublished
- United States v. Richard Neal Barefoot, 342 F. App'x 480 (11th Cir. 2009).unpublished
- United States v. Veal, No. 98-6304 (10th Cir. Feb. 5, 1999).unpublished
- United States v. Ward, No. 99-8006 (10th Cir. July 1, 1999).unpublished
- United States v. Reed, 15 F. App'x 641 (10th Cir. 2001).unpublished
- United States v. Washington, 38 F. App'x 522 (10th Cir. 2002).unpublished
- United States v. Jermaine Jerwon Freeman, 396 F. App'x 674 (11th Cir. 2010).unpublished
- Curtis v. Chester, 626 F.3d 540 (10th Cir. 2010).published
- United States v. Stanfield, David C., 360 F.3d 1346 (D.C. Cir. 2004).published
- United States v. Charles Rhoulds Powe, 447 F. App'x 72 (11th Cir. 2011).unpublished
- United States v. Anthony Pratt, 52 F.3d 671 (7th Cir. 1995).published
- United States v. Larry R. Shurn, 76 F.3d 383 (8th Cir. 1996).unpublished
- United States v. Jaime Lomeli-Gonzalez, 91 F.3d 156 (9th Cir. 1996).unpublished
- United States v. Charles C. Waters, 158 F.3d 933 (6th Cir. 1998).published
- United States v. Lamond D. Kelley, 446 F.3d 688 (7th Cir. 2006).published
- United States v. Tomas Rodriguez, 479 F. App'x 325 (11th Cir. 2012).unpublished
- United States v. Ednecdia Johnson, 502 F. App'x 922 (11th Cir. 2012).unpublished
- United States v. Wazee Uthman, No. 99-4110 (4th Cir. Nov. 10, 1999).unpublished
- United States v. Perkins, 8 F. App'x 191 (4th Cir. 2001).unpublished
- United States v. Lloyd, 566 F.3d 341 (3d Cir. 2009).published
- Franco v. State, 918 A.2d 1158 (Del. 2007).published
- State v. Leggett, 709 A.2d 491 (Vt. 1998).published
- Reyes v. State, 853 N.E.2d 1278 (Ind. Ct. App. 2006).published
- United States v. Raul De La Cruz-Sosa, 550 F. App'x 823 (11th Cir. 2013).unpublished
- United States v. Stan Rizor Jackson, 568 F. App'x 655 (11th Cir. 2014).unpublished
- United States v. Bjorn Jamal Green, 573 F. App'x 820 (11th Cir. 2014).unpublished
- United States v. John Jeffery Carr, 573 F. App'x 840 (11th Cir. 2014).unpublished
- United States v. Keith Jordan, 742 F.3d 276 (7th Cir. 2014).published
- United States v. Marcus Perez Jackson, 597 F. App'x 1057 (11th Cir. 2015).unpublished
- United States v. Danny Crane, 599 F. App'x 383 (11th Cir. 2015).unpublished
- United States v. Juan Gutierrez, 613 F. App'x 882 (11th Cir. 2015).unpublished
- United States v. Larry Shurn, No. 95-2756 (8th Cir. Jan. 26, 1996).unpublished
- United States v. James D. Litchfield, 33 F. App'x 235 (8th Cir. 2002).unpublished
- United States v. Marlyn Carlos Dorsey, 431 F. App'x 857 (11th Cir. 2011).unpublished
- United States v. Ernesto Garcia Hernandez, 389 F. App'x 894 (11th Cir. 2010).unpublished
- United States v. Daniel Levitan, 369 F. App'x 24 (11th Cir. 2010).unpublished
- United States v. Shawn Demetrius Croskey, 309 F. App'x 302 (11th Cir. 2009).unpublished
- United States v. Jones, 818 F.3d 1091 (10th Cir. 2016).published
- United States v. Christopher Ronald Aime, 701 F. App'x 925 (11th Cir. 2017).unpublished
- United States v. Lorenzo Jennings, 708 F. App'x 995 (11th Cir. 2017).unpublished
- United States v. Steven Dean, No. 16-15038 (11th Cir. Dec. 1, 2017).unpublished
- United States v. Christopher Tavorris Wilkins, No. 17-15009 (11th Cir. Apr. 27, 2018).unpublished
- United States v. Jermaine S. Evans, No. 17-11795 (11th Cir. Nov. 7, 2018).unpublished
- United States v. Ozzie Thomas, No. 18-11195 (11th Cir. Feb. 5, 2019).unpublished
- United States v. Pough, 96 F. Supp. 3d 495 (E.D. Pa. 2015).published
- United States v. Gutierrez, 643 F. App'x 948 (11th Cir. 2016).unpublished
- United States v. Spann, 963 F. Supp. 2d 1198 (D. Kan. 2013).published
- State v. Martin, 522 P.3d 841 (Or. 2022).published
- United States v. Andrew A. Perez, 362 F. App'x 943 (11th Cir. 2010).unpublished
- United States v. Sylvester Lee Hendricks, 143 F. App'x 168 (11th Cir. 2005).unpublished
- United States v. Otis Belser, 214 F. App'x 961 (11th Cir. 2007).unpublished
- United States v. Steven Andrew Causey, No. 06-16319 (11th Cir. June 15, 2007).unpublished
- United States v. Edward Melvin, 241 F. App'x 692 (11th Cir. 2007).unpublished
- United States v. Cory Rieara, 381 F. App'x 928 (11th Cir. 2010).unpublished
- United States v. Warren Charlton, 398 F. App'x 537 (11th Cir. 2010).unpublished
- United States v. Donald Martel WALKER, 117 F.3d 417 (9th Cir. 1997).published
- United States v. Tedrick McKenzie, 505 F. App'x 843 (11th Cir. 2013).unpublished
- United States v. Paul Ray Hines, 550 F. App'x 803 (11th Cir. 2013).unpublished
- United States v. Allen Lamond Ruckstuhl, No. 17-10757 (11th Cir. Dec. 21, 2017).unpublished
- United States v. Demetrius Lightfoot, No. 18-11528 (11th Cir. Oct. 17, 2018).unpublished
- United States v. Rosendo Louis, No. 18-15213 (11th Cir. Oct. 25, 2019).unpublished
- United States v. Bell, 623 F. App'x 523 (11th Cir. 2015).unpublished
- United States v. Sanquez Deontra Quez Bivens, No. 22-12101 (11th Cir. Apr. 13, 2023).unpublished
- United States v. Emmannuel Francois, No. 25-11822 (11th Cir. Jan. 27, 2026).unpublished
- United States v. Amaury Rodriguez, No. 24-12052 (11th Cir. Apr. 24, 2026).unpublished
At page 112 Review of supervised release revocation proceedings and evidentiary rulings95 citing casesA district court’s revocation of supervised release is reviewed under an abuse of discretion standard.
- United States v. Devin Sherman, 342 F. App'x 535 (11th Cir. 2009).unpublished (A district court’s revocation of supervised release is reviewed under an abuse of discretion standard.)
- United States v. Saleem Hakim, No. 26-10473 (11th Cir. Aug. 18, 2026).unpublishedUnited States v. Frazier, 26 F.3d 110, 112 (11th Cir. 1994).
- United States v. Laphonse Young, No. 25-11678 (11th Cir. Apr. 29, 2026).unpublishedUnited States v. Frazier, 26 F.3d 110, 112 (11th Cir. 1994); United States v. Novaton, 271 F.3d 968, 1005 (11th Cir. 2001).
- United States v. Michael Hubbard, No. 24-13158 (11th Cir. Dec. 17, 2025).unpublished Hubbard asserted that, under United States v. Frazier, 26 F.3d 110, 114 (11th Cir. 1994), the district court may rely on such hearsay evidence only after determining that the government’s reason for not calling a declarant as a witness out…
- United States v. Roderic Bodiford, No. 24-12646 (11th Cir. May 2, 2025).unpublishedUnited States v. Frazier, 26 F.3d 110, 112 (11th Cir. 1994).
- United States v. Deonte M. Wright, No. 23-14107 (11th Cir. Feb. 3, 2025).unpublished United States v. Frazier, 26 F.3d 110, 112 (11th Cir. 1994).
- United States v. Domingo Gonzalez, No. 23-11362 (11th Cir. Apr. 26, 2024).unpublishedUnited States v. Frazier, 26 F.3d 110, 112 (11th Cir. 1994).
- United States v. Donnie Joe Singleton, No. 23-11464 (11th Cir. Apr. 18, 2024).unpublishedUnited States v. Frazier, 26 F.3d 110, 112 (11th Cir. 1994).
- United States v. Corey Dion Griffin, No. 23-11577 (11th Cir. Feb. 12, 2024).unpublished United States v. Frazier, 26 F.3d 110, 112 (11th Cir. 1994).
- United States v. Jackie Bernard Harvey, No. 22-10610 (11th Cir. Nov. 3, 2022).unpublishedUnited States v. Frazier, 26 F.3d 110, 112 (11th Cir. 1994).
Show 85 more citing cases
- Sammy Lee Grimes v. State, 875 S.E.2d 500 (Ga. Ct. App. 2022).published Appx. 807 , 809 (III) (A) (11th Cir. 2019) (holding the district court committed reversible error by relying on hearsay during appellant’s supervised release revocation hearing because “[t]he government did not offer any explanation for it…
- United States v. James Edward Bouie, No. 21-11200 (11th Cir. Aug. 26, 2021).unpublishedUnited States v. Frazier, 26 F.3d 110, 112 (11th Cir. 1994).
- United States v. Vincent Savarese, 842 F. App'x 448 (11th Cir. 2021).unpublishedUnited States v. Frazier, 26 F.3d 110, 112 (11th Cir. 1994).
- United States v. Cesar Octavio Armenta-Lopez, No. 19-11509 (11th Cir. July 8, 2020).unpublishedUnited States v. Frazier, 26 F.3d 110, 112 (11th Cir. 1994).
- United States v. Leonard Edward Westry, Jr., No. 18-14331 (11th Cir. June 19, 2019).unpublishedUnited States v. Frazier, 26 F.3d 110, 112 (11th Cir. 1994).
- United States v. Alvaro Sanchez, 362 F. App'x 952 (11th Cir. 2010).unpublished
- United States v. Ariasmendy Pilier, 362 F. App'x 66 (11th Cir. 2010).unpublished
- United States v. Pedro Alberto Rodriguez, 153 F. App'x 662 (11th Cir. 2005).unpublished
- United States v. Larry Kravitsky, 152 F. App'x 815 (11th Cir. 2005).unpublished
- United States v. David O. Spence, Sr., 151 F. App'x 836 (11th Cir. 2005).unpublished
- United States v. Mohamed Mostafa Ataya, 145 F. App'x 331 (11th Cir. 2005).unpublished
- United States v. George Anthony Zayas, 146 F. App'x 346 (11th Cir. 2005).unpublished
- United States v. George Morris, 140 F. App'x 138 (11th Cir. 2005).unpublished
- United States v. Alton Griggs, 130 F. App'x 303 (11th Cir. 2005).unpublished
- United States v. Robert Eric Williams, 212 F. App'x 902 (11th Cir. 2006).unpublished
- United States v. Marvin C. Thompson, 210 F. App'x 857 (11th Cir. 2006).unpublished
- United States v. Derrick Hankerson, 208 F. App'x 810 (11th Cir. 2006).unpublished
- United States v. Corey Javone Hunt, 164 F. App'x 904 (11th Cir. 2006).unpublished
- United States v. John Wesley McMillan, 167 F. App'x 785 (11th Cir. 2006).unpublished
- United States v. Alvin G. Keel, 164 F. App'x 958 (11th Cir. 2006).unpublished
- United States v. James Wooden, 179 F. App'x 601 (11th Cir. 2006).unpublished
- United States v. Demarco Statham, 180 F. App'x 68 (11th Cir. 2006).unpublished
- United States v. Sherman Lavan Douglas, 215 F. App'x 907 (11th Cir. 2007).unpublished
- United States v. Ervin Bernard Earl, 220 F. App'x 899 (11th Cir. 2007).unpublished
- United States v. Keith Lamar Webb, 238 F. App'x 477 (11th Cir. 2007).unpublished
- United States v. Eddie Robinson, 227 F. App'x 840 (11th Cir. 2007).unpublished
- United States v. Joseph S. Travers, 266 F. App'x 895 (11th Cir. 2008).unpublished
- United States v. Abraham Daniel, 266 F. App'x 893 (11th Cir. 2008).unpublished
- United States v. Alphonso Watts, 269 F. App'x 912 (11th Cir. 2008).unpublished
- United States v. Ellis E. Neder, Jr., 268 F. App'x 887 (11th Cir. 2008).unpublished
- United States v. Lavar Raymond Baugh, 277 F. App'x 861 (11th Cir. 2008).unpublished
- United States v. Jolancke Reid, 275 F. App'x 911 (11th Cir. 2008).unpublished
- United States v. Christopher R. Brown, 290 F. App'x 308 (11th Cir. 2008).unpublished
- United States v. Willie Edward Hill, 291 F. App'x 968 (11th Cir. 2008).unpublished
- United States v. Derrian Geathers, 297 F. App'x 885 (11th Cir. 2008).unpublished
- United States v. Cedric Gay, 305 F. App'x 646 (11th Cir. 2008).unpublished
- United States v. Eddie Davis, 330 F. App'x 183 (11th Cir. 2009).unpublished
- United States v. Ernest Walter Johnson, 340 F. App'x 590 (11th Cir. 2009).unpublished
- United States v. William Franklin Johnson, 349 F. App'x 387 (11th Cir. 2009).unpublished
- United States v. Floyd Dewayne Davis, No. 09-11628 (11th Cir. Oct. 7, 2009).unpublished
- United States v. Gary Mitsven, 452 F.3d 1264 (11th Cir. 2006).published
- United States v. Leo Charles Searcy, III, 375 F. App'x 973 (11th Cir. 2010).unpublished
- United States v. Cunningham, 607 F.3d 1264 (11th Cir. 2010).published
- United States v. Kenneth D. Izard, 396 F. App'x 629 (11th Cir. 2010).unpublished
- United States v. Duncan, 419 F. App'x 894 (11th Cir. 2011).unpublished
- United States v. Robert Lee Clark, 447 F. App'x 57 (11th Cir. 2011).unpublished
- United States v. Michael Ahearn, 464 F. App'x 813 (11th Cir. 2012).unpublished
- United States v. Ernest Lee Graham, 64 F.3d 660 (4th Cir. 1995).unpublished
- United States v. Manuel Guerrero-Mota, 108 F.3d 339 (9th Cir. 1997).unpublished
- United States v. David Mark Armstrong, 187 F.3d 392 (4th Cir. 1999).published
- United States v. Amara Juwara, 477 F. App'x 613 (11th Cir. 2012).unpublished
- United States v. Mekinson Jean, 482 F. App'x 425 (11th Cir. 2012).unpublished
- United States v. Gus Dasher, 489 F. App'x 398 (11th Cir. 2012).unpublished
- United States v. David Subil, 495 F. App'x 963 (11th Cir. 2012).unpublished
- United States v. Raul De La Cruz-Sosa, 498 F. App'x 932 (11th Cir. 2012).unpublished
- United States v. James Anthony Campbell, 499 F. App'x 873 (11th Cir. 2012).unpublished
- United States v. Vance Lewis Whetstone, 520 F. App'x 924 (11th Cir. 2013).unpublished
- United States v. Louis Allen, 523 F. App'x 542 (11th Cir. 2013).unpublished
- United States v. Morris Leon Johnson, 536 F. App'x 938 (11th Cir. 2013).unpublished
- United States v. Gravina, 906 F. Supp. 50 (D. Mass. 1995).published
- United States v. Jorge Cartaya-Acosta, 539 F. App'x 990 (11th Cir. 2013).unpublished
- United States v. James E. Davis, 549 F. App'x 924 (11th Cir. 2013).unpublished
- United States v. Chase Amon Manning, 552 F. App'x 958 (11th Cir. 2014).unpublished
- United States v. Jean Mariat Yogo Tognia, 579 F. App'x 935 (11th Cir. 2014).unpublished
- United States v. Marvin Smith, 625 F. App'x 461 (11th Cir. 2015).unpublished
- United States v. Phynerrian Q. Manning, 422 F. App'x 758 (11th Cir. 2011).unpublished
- United States v. Fiore, 405 F. App'x 417 (11th Cir. 2010).unpublished
- United States v. Marvin Edward Ross, 368 F. App'x 949 (11th Cir. 2010).unpublished
- United States v. Mark Dushion Lancaster, 319 F. App'x 886 (11th Cir. 2009).unpublished
- United States v. Charles Edward Mitchell, 317 F. App'x 963 (11th Cir. 2009).unpublished
- United States v. Ricky Delaney Harris, 316 F. App'x 886 (11th Cir. 2009).unpublished
- United States v. Willie Evans, Jr., 662 F. App'x 681 (11th Cir. 2016).unpublished
- United States v. Reidar Carroll Arden, 700 F. App'x 972 (11th Cir. 2017).unpublished
- United States v. Dexter Jackson, 703 F. App'x 853 (11th Cir. 2017).unpublished
- United States v. Issa Diallo, 711 F. App'x 507 (11th Cir. 2017).unpublished
- United States v. Aljawon Miles, No. 17-13167 (11th Cir. Mar. 8, 2018).unpublished
- United States v. Willie Alexander Washington, No. 17-14759 (11th Cir. May 29, 2018).unpublished
- United States v. Lewis Clay, No. 17-14545 (11th Cir. Aug. 3, 2018).unpublished
- United States v. Fernando Viera Cordova, No. 17-15232 (11th Cir. Aug. 22, 2018).unpublished
- United States v. Lance Lamar Lucas, No. 21-11880 (11th Cir. Jan. 10, 2022).unpublished
- United States v. Lowe, 186 F. App'x 1 (D.C. Cir. 2006).unpublished
- United States v. Telemaque, 632 F. App'x 602 (11th Cir. 2016).unpublished
- United States v. Edward Treisback, No. 23-12218 (11th Cir. Mar. 21, 2024).unpublished
- United States v. Elliot Walker, No. 24-14195 (11th Cir. Mar. 17, 2026).unpublished
- United States v. Jutaurio Preshae Clemons, No. 25-11566 (11th Cir. May 29, 2026).unpublished
At page 113 Comparing probation and supervised release revocation procedures29 citing cases[C]ourts treat revocations the same whether they involve probation, parole, or supervised release.
- United States v. Earl Baldwin, No. 20-12993 (11th Cir. July 12, 2021).unpublished([C]ourts treat revocations the same whether they involve probation, parole, or supervised release.)
- United States v. Tremayne Nadatra Pace, 694 F. App'x 764 (11th Cir. 2017).unpublished (no significant conceptual difference between the revocation of probation or parole and the revocation of supervised release)
- United States v. Khalil Carter, 730 F.3d 187 (3d Cir. 2013).published ([W]e believe that Congress considered probation revocation and supervised release revocation to be so analogous as to be interchangeable.)
- United States v. Carl Bennett, No. 21-11599 (11th Cir. Sept. 19, 2022).unpublishedUnited States v. Frazier, 26 F.3d 110, 113 (11th Cir. 1994).
- United States v. Erskine D. Salter, No. 20-14511 (11th Cir. Aug. 25, 2021).unpublished United States v. Frazier, 26 F.3d 110, 113-14 (11th Cir. 1994).
- United States v. Charles Hagins, No. 19-14021 (11th Cir. May 12, 2020).unpublishedUnited States v. Frazier, 26 F.3d 110, 113-14 (11th Cir. 1994).
- United States v. Roger Amado Garcia, No. 18-14123 (11th Cir. May 3, 2019).unpublishedUnited States v. Frazier, 26 F.3d 110, 113 (11th Cir. 1994). 7 Case: 18-14123 Date Filed: 05/03/2019 Page: 8 of 9 right to apply to the sentencing court for a clarification or change of conditions . . . [and] be able to obtain resolution o…
- United States v. Ernest Walter Johnson, 340 F. App'x 590 (11th Cir. 2009).unpublished
- United States v. Louis Allen, 523 F. App'x 542 (11th Cir. 2013).unpublished
- United States v. Jutaurio Preshae Clemons, No. 25-11566 (11th Cir. May 29, 2026).unpublished
Show 19 more citing cases
- Joe Daniel Holt, Jr. v. Mac Glenn, 361 F. App'x 75 (11th Cir. 2010).unpublished
- United States v. Roy Shane Jackson, 180 F. App'x 856 (11th Cir. 2006).unpublished
- United States v. Titus Connally, 229 F. App'x 879 (11th Cir. 2007).unpublished
- United States v. David Rosenthal, 295 F. App'x 985 (11th Cir. 2008).unpublished
- United States v. Mark Anthony Campbell, 473 F.3d 1345 (11th Cir. 2007).published
- United States v. Saingelus Saingerard, 394 F. App'x 641 (11th Cir. 2010).unpublished
- United States v. Woody Hyatt McCormick Jr., 54 F.3d 214 (5th Cir. 1995).published
- United States v. Acosta Theonore Andre, 491 F. App'x 109 (11th Cir. 2012).unpublished
- Colts v. U.S. Parole Comm'n, 531 F. Supp. 2d 8 (D.D.C. 2008).published
- United States v. Mario Eugene Pride, 595 F. App'x 863 (11th Cir. 2014).unpublished
- United States v. Marvin Reese, 775 F.3d 1327 (11th Cir. 2015).published
- United States v. Antonio Chames, 376 F. App'x 578 (6th Cir. 2010).unpublished
- United States v. Lee, 477 F. App'x 539 (11th Cir. 2010).unpublished
- United States v. Darnell Owens, No. 18-3134 (6th Cir. Sept. 28, 2018).unpublished
- United States v. Michael Anthony Nelson, No. 17-15338 (11th Cir. Jan. 9, 2019).unpublished
- United States v. Dumas, 217 F. Supp. 3d 1310 (N.D. Ala. 2016).published
- United States v. Dehaven, 645 F. App'x 874 (11th Cir. 2016).unpublished
- United States v. Julia Nash, No. 23-10649 (11th Cir. Dec. 2, 2024).unpublished
- United States v. Zeno Higgs, No. 25-10996 (11th Cir. Sept. 22, 2025).unpublished
At page 111 Federal rules of evidence do not apply to revocation proceedings4 citing cases[T]he Federal Rules of Evidence do not apply in supervised release revocation proceedings.
- United States v. Gary Leet Horn, No. 21-12539 (11th Cir. Feb. 10, 2023).unpublished([T]he Federal Rules of Evidence do not apply in supervised release revocation proceedings.)
- United States v. Albert M. Lee, 315 F.3d 206 (3d Cir. 2003).published
- United States v. Charles Dana Combs, II, 546 F. App'x 920 (11th Cir. 2013).unpublished
- United States v. Lee, No. 01-4485 (3d Cir. Jan. 7, 2003).published
v.
William Joseph FRAZIER, Defendant-Appellant
Appellant William Frazier (“Frazier”) appeals the district court’s order revoking his supervised release. Frazier contends that the district court erred in its determination that he violated the conditions of his supervised release. Specifically, Frazier argues that the Federal Rules of Evidence apply to supervised release revocation hearings, and thus he contests the admission and consideration of hearsay testimony at his revocation hearing. We hold that the Federal Rules of Evidence do not apply in supervised release revocation proceedings. In addition, we hold that the admission of hearsay testimony in this case was in error, but that the error was harmless. Therefore, we affirm the district court’s revocation of Frazier’s supervised release.
I. FACTS AND PROCEDURAL HISTORY
Frazier entered a plea of guilty in July of 1988 to one count of distribution of cocaine. He was sentenced in September of 1988 to three years imprisonment, followed by three years supervised release. He was also ordered to pay a $50 special assessment.
Frazier was the object of an undercover investigation that ultimately led to his arrest in September, 1992. Agent John Harvey (“Agent Harvey”) of the Drug Enforcement Administration (“DEA”) was the agent in charge of the investigation. Agent Harvey monitored and recorded telephone conversations between an informant and Frazier beginning on or about August 27, 1992. At the revocation hearing, Agent Harvey testified that he listened to the conversations as they were occurring. On some occasions, the informant was with Agent Harvey when the telephone conversations occurred. On other occasions, the informant would call Agent Harvey, or Agent Harvey would call him, then Frazier would be called, and a three-way call would ensue in which Agent Harvey could hear the conversation. Agent Harvey told the informant that he had a recording device on the telephone, and the informant voiced no objection.
In the conversations that Agent Harvey overheard, Frazier spoke of: (1) selling two to three hundred pounds of marijuana to the informant; (2) purchasing four kilograms of cocaine from the informant; and (3) selling the informant first five pounds and then one pound of methamphetamine. It was the methamphetamine deal which culminated in Frazier’s arrest.
Agent Harvey met with Frazier on September 9, 1992, in an undercover capacity. Agent Harvey had already obtained a search warrant for Frazier’s apartment. When Agent Harvey and the informant arrived at Frazier’s apartment complex, the informant first spoke with Frazier alone. Then the informant returned and asked Agent Harvey if he would take the $22,000 he had with him for the deal up to Frazier’s apartment. Agent Harvey refused, and instructed the informant to go up to the apartment to see if any drugs were present. The informant and Frazier then left Agent Harvey’s view, returning to the lobby area approximately ten[*112] minutes later. The informant met with Agent Harvey; Frazier left Agent Harvey’s line of sight. After speaking with the informant, Agent Harvey told the surveillance agents that the drugs were in the apartment, and requested that a couple of agents join him in order to execute the search warrants.
Frazier reappeared, and Agent Harvey and the informant walked over to meet with him. The informant introduced Agent Harvey to Frazier, and Agent Harvey asked him if- he wished to count the money. Frazier said that he did not want to count the money in the foyer area because there were too many people around. He asked Agent Harvey and the informant to go up to his apartment. Before they could proceed to the apartment, the surveillance agents arrived and Frazier was arrested.
Frazier was advised of his rights and indicated that he understood them. Shortly thereafter, Agent Harvey identified himself as a DEA agent and told Frazier that he had a warrant to search his apartment. Frazier said, “There’s only one thing up there....” Agent Harvey asked him if he was referring to the methamphetamine, and Frazier admitted that he was. Frazier showed the agents a package of drugs. The agents also seized a set of triple beam scales. Frazier even called his source in an effort to assist Agent Harvey. On the way to jail after his arrest, Frazier told Agent Harvey the full name of his source and offered to take agents to his source’s house.
On October 26, 1992, the government filed a petition for the revocation of Frazier’s period of supervised release, and the district court issued a warrant for his arrest. The basis for the revocation was Frazier’s September 9,1992, arrest for possession with the intent to distribute methamphetamine. The district court held a two-day evidentiary hearing in order to determine whether Frazier’s supervised release should be revoked. Over objection from Frazier’s counsel, the government solicited testimony from Agent Harvey regarding conversations he had with the informant, and conversations .he overheard between Frazier and the informant. The parties filed briefs on the admissibility of hearsay testimony. At the close of the hearing, the district court found that Frazier had violated the conditions of his supervised release, and ordered that he be committed to the custody of the Attorney General for a period of three years. The district court also entered a memorandum opinion holding that the Federal Rules of Evidence do not apply to supervised release revocation proceedings. United States v. Frazier, 807 F.Supp. 119 (N.D.Ga.1992). Frazier, who is presently incarcerated, timely appealed.
II. STANDARD OF REVIEW
Whether the Federal Rules of Evidence apply in a supervised release revocation hearing is a question of law, and as such is subject to de novo review by this court. United States v. Baptista-Rodriguez, 17 F.3d 1354, 1360 (11th Cir.1994). A district court’s revocation of supervised release is reviewed under an abuse of discretion standard. United States v. Copeland, 20 F.3d 412 (11th Cir.1994); United States v. Thompson, 976 F.2d 1380, 1381 (11th Cir.1992).
III. DISCUSSION
A. Hearsay Testimony
The issue of whether the Federal Rules of' Evidence apply in supervised release revocation hearings is one of first impression in this circuit. Frazier contends that the Federal Rules of Evidence should be applied in the context of a supervised release revocation hearing, and that had the Rules been applied, Agent Harvey’s hearsay testimony would not have been admitted. Frazier presents two arguments in support of his contention. First, he argues that because supervised release revocations are not specifically listed in Rule 1101 of the Federal Rules of Evidence as proceedings with respect to which the Rules of Evidence do not apply, the Rules must necessarily apply. Second, he contends that supervised release is fundamentally different from probation and parole. Thus, although hearsay may be admitted at hearings revoking parole or probation, he claims that it should not be admitted at supervised release revocation hearings. We address each of these arguments in turn.
[*113] The Federal Rules of Evidence provide that the Rules apply generally to both civil actions and proceedings, and to criminal eases and proceedings. Fed.R.Evid. 1101(b). However, Rule 1101 specifically delineates a number of proceedings to which the Rules do not apply, including:
[proceedings for extradition or rendition; preliminary examinations in criminal cases; sentencing, or granting or revoking probation; issuance of warrants for arrest; criminal summonses; and search warrants; and proceedings with respect to release on bail or otherwise.
Id., 1101(d)(8). Notably, supervised release revocation proceedings are not included on this list.
The absence of supervised release from Rule 1101 can best be explained by the fact that Rule 1101 was enacted prior to the creation of supervised release. [1] Thus, supervised release could not have been included in Rule 1101 in its original form. Frazier is correct when he points out that the Rule has been amended twice since its inception, once in 1987 and again in 1988, and that supervised release still does not appear in the list of exceptions to the Rules. We do not find the failure to amend Rule 1101 to be disposi-tive, however, because we believe that Congress considered probation revocation and supervised release revocation to be so analogous as to be interchangeable.
As the Fifth Circuit explained, “[I]n providing for the revocation of supervised release in 18 U.S.C. § 3583(e)(3), Congress provided that the court determination of whether revocation was warranted was to be made ‘pursuant to the provisions of the Federal Rules of Criminal Procedure that are applicable to probation revocation_’.” United States v. Montez, 952 F.2d 854, 858 (5th Cir.1992), quoting 18 U.S.C. § 3583(e)(3). Furthermore, analysis of the Federal Rules of Criminal Procedure indicates that probation and supervised release are to be treated similarly. For example, Rule 32.1 provides for the “Revocation or Modification of Probation or Supervised Release.” (emphasis added). Thus, it is apparent to this court that Congress equated supervised release revocation with probation revocation. Accordingly, the absence of supervised release from Rule 1101 does not change our conclusion that the Federal Rules of Evidence do not apply to supervised release revocation proceedings.
Frazier’s second argument is that probation is distinguishable from supervised release, and thus that the rules governing the two proceedings cannot be compared. We disagree. Contrary to Frazier’s assertion that supervised release stands in “stark” contrast to probation and parole, [2] courts have recognized that they are in fact conceptually the same. Actually, the courts treat revocations the same whether they involve probation, parole, or supervised release. In Mon-tez, for example, the Fifth Circuit held that the justification for not using the exclusionary rule in probation revocations was equally applicable to supervised release revocation hearings. Montez, 952 F.2d at 858. See also United States v. Kindred, 918 F.2d 485, 486 (5th Cir.1990) (relying on cases involving parole and probation revocation in holding that the admission of a urinalysis report in a supervised release proceeding did not violate the defendant’s Sixth Amendment right of confrontation). Similarly, in United States v. Stephenson, 928 F.2d 728, 731-32 (6th Cir.1991), the court apparently drew no distinction between probation, parole or supervised release when it cited cases involving both probation and parole to decide issues involving supervised release. Specifically, the court held that because revocation proceedings are more flexible than trials, a “judge may consider hearsay if it is proven to be reliable.” Id. at 732. In sum, we find no significant conceptual difference between the[*114] revocation of probation or parole and the revocation of supervised release.
Moreover, the First Circuit, without relying upon the probation/parole analogy, has noted that the Federal Rules of Evidence do not apply in supervised release revocation proceedings. The court stated that evidence considered in supervised release revocation hearings “need not satisfy the tests of admissibility set forth in the Federal Rules of Evidence, which do not apply....” United States v. Portalla, 985 F.2d 621, 622 (1st Cir.1993) (citations omitted, emphasis added). Therefore, for all of the foregoing reasons, we hold that the Federal Rules of Evidence do not apply in supervised release revocation proceedings.
B. Grounds for Revocation
Although the Federal Rules of Evidence do not apply in supervised release revocation hearings, the admissibility of hearsay is not automatic. Defendants involved in revocation proceedings are entitled to certain minimal due process requirements. Morrissey v. Brewer, 408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972) (parole revocation); Gagnon v. Scarpelli, 411 U.S. 778, 93 S.Ct. 1756, 36 L.Ed.2d 656 (1973) (probation revocation). Among these minimal requirements is the right to confront and cross-examine adverse witnesses. Morrissey, 408 U.S. at 489, 92 S.Ct. at 2604.
Fed.R.Crim.P. 32.1, which applies to supervised release revocation, incorporates these same minimal due process requirements. United States v. Martin, 984 F.2d 308, 310 (9th Cir.1993). Indeed, “[t]he same protections granted those facing revocation of parole are required for those facing the revocation of supervised release.” Copeland, 20 F.3d at 414; United States v. Copley, 978 F.2d 829, 831 (4th Cir.1992). Thus, in deciding whether or not to admit hearsay testimony, the court must balance the defendant’s right to confront adverse witnesses against the grounds asserted by the government for denying confrontation. United States v. Penn, 721 F.2d 762, 764 (11th Cir.1983); Martin, 984 F.2d at 310; Kindred, 918 F.2d at 486. In addition, the hearsay statement must be reliable. Stephenson, 928 F.2d at 732.
In the present case, the district court erred because it did not engage in this balancing test. See United States v. Zentgraf, 20 F.3d 906 (8th Cir.1994). Apparently, the district court thought that in order to admit the hearsay it was sufficient to simply determine that the Federal Rules of Evidence did not apply to supervised release revocation proceedings. The district court made no finding that the hearsay was reliable, nor did it weigh Frazier’s right of confrontation against the government’s reasons for not producing the witness. [3] The district court’s failure to make such findings constitutes error; Frazier’s due process rights were violated.
Nevertheless, we find the error to be harmless because the properly considered evidence overwhelmingly demonstrated that Frazier breached the terms of his supervised release. Specifically, the statements made by Frazier to Agent Harvey, coupled with the contraband seized in Frazier’s apartment, constituted sufficient evidence for the district court to revoke Frazier’s supervised release.
IV. CONCLUSION
In conclusion, we hold that the Federal Rules of Evidence do not apply in supervised release revocation hearings. Furthermore, we hold that although the district court erred by failing to establish both the reliability of the hearsay testimony and the government’s good cause for not producing the witness, the error was harmless. Therefore, the order revoking Frazier’s supervised release is affirmed.
AFFIRMED.
. Congress created supervised release in 1984. See 18 U.S.C. § 3583.
. Frazier argues that these concepts are distinct because probation and parole were granted as a matter of grace, and were not supervised by the judicial branch, whereas supervised release is mandatory and is administered by the court. This distinction is neither significant nor persuasive. Although the administration of supervised release is somewhat different than that of probation and parole, the purpose and theory of all three types of release are essentially identical.
. Presumably, the government did not have good cause for the absence of the informant, as neither the court nor the government made reference to any such excuse.