UNITED STATES v. BURKHALTER

No. 78-1346.

588 F.2d 604 (1978)

UNITED STATES of America, Appellee, v. Mario BURKHALTER, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 7, 1978.


Attorney(s) appearing for the Case

Mark W. Peterson, Minneapolis, Minn., filed brief for appellant.

Andrew W. Danielson, U. S. Atty., John M. Lee, Asst. U. S. Atty., and Jennifer R. Wellner, Intern, Minneapolis, Minn., filed brief for appellee.

Before LAY, ROSS and McMILLIAN, Circuit Judges.


McMILLIAN, Circuit Judge.

Mario Burkhalter appeals from the revocation of his probation. For reversal he argues that (1) the government failed to prove he violated his probation; (2) the district court abused its discretion in revoking probation where the violations were not serious and available alternatives to incarceration were not explored; and (3) the proof relied upon was hearsay and therefore violated his right to confront and cross-examine witnesses. For the...

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