UNITED STATES v. SMITH

No. 84-5153.

767 F.2d 521 (1985)

UNITED STATES of America, Appellee, v. John D. SMITH, Jr., Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 19, 1985.


Attorney(s) appearing for the Case

Daniel M. Scott, appointed, Fed. Pub. Def., Minneapolis, Minn., for appellant.

Janice M. Symchych, Asst. U.S. Atty., Minneapolis, Minn., for appellee.

Before BRIGHT, ROSS, and JOHN R. GIBSON, Circuit Judges.


ROSS, Circuit Judge.

John Smith appeals from the district court's judgment revoking his probation. He argues that the court failed to make a written statement of the reasons for revoking probation and of the evidence relied upon in making the revocation decision, as required by the due process clause. We agree and remand for further proceedings.

FACTS

John Smith is a member of the Red Lake Indian Tribe. On March 7, 1983, he was convicted of assaulting...

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