United States v. Poellnitz
By United States Court of Appeals for the Third Circuit
- Release Date - Published: 2004-06-25
- Book Genre: Law
- Author: United States Court of Appeals for the Third Circuit
United States v. Poellnitz United States Court of Appeals for the Third Circuit read online review & book description:
Shawn L. Poellnitz appeals from the District Courts order finding that he violated a condition of his supervised release by committing a state crime. Poellnitz argues that (1) there was insufficient evidence to prove that he committed a state crime, namely because he pled nolo contendere (instead of guilty) to the crime in state court and passed a polygraph test, and (2) the delay between the filing of the supervised release petition and the supervised release violation hearing was not "reasonably necessary," as required by 18 U.S.C. § 3583. The District Court exercised jurisdiction pursuant to 18 U.S.C. § 3231. This Court has jurisdiction under 28 U.S.C. § 1291. For the reasons stated below, we will reverse the District Courts order and remand for a determination of whether there is sufficient evidence (under a preponderance standard) that Poellnitz committed a crime.
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