U.S. v. Pattman

• Decision Date: 25 May 1976
• Docket Number: No. 76-1126,76-1126
• Citation: 535 F.2d 1062
• Parties: UNITED STATES of America, Appellee, v. Joseph PATTMAN, Appellant.
• Court: U.S. Court of Appeals — Eighth Circuit

Page 1062

535 F.2d 1062

UNITED STATES of America, Appellee, v. Joseph PATTMAN, Appellant.

No. 76-1126.

United States Court of Appeals,

Eighth Circuit.

Submitted May 14, 1976.

Decided May 25, 1976.

Robert A. Hampe, St. Louis, Mo., for appellant.

Donald J. Stohr, U. S. Atty. (Barry A. Short, U. S. Atty., effective May 15, 1976), and Thomas E. Loraine, Asst. U. S. Atty., St. Louis, Mo., for appellee.

Before LAY, STEPHENSON and WEBSTER, Circuit Judges.

PER CURIAM.

Joseph Pattman appeals from revocation of his probation on the grounds that (1) he was not given timely written notice of the grounds for revocation, and (2) admission of a police arrest report violated his Sixth Amendment right to confrontation. We affirm the order of revocation.

Pattman pleaded guilty to possession of stolen mail in May 1975. Thereafter, he was placed on probation. The conditions of probation required him to notify his probation officer if he was arrested and to remain at all times within the Eastern District of Missouri. In December 1975, a probation violation warrant issued charging him with failing to report three arrests and leaving the district without permission. When Pattman was arrested pursuant to the warrant, a United States Marshal read him the charges. The same day he appeared before a United States Magistrate for a preliminary hearing. He was given a written copy of the charges after that hearing.

Nine days later, the revocation hearing was held. The only witness testifying at the final hearing was Pattman's probation officer. Over objection, the officer was allowed to read from a Missouri State Highway Patrol report which stated that Pattman had been arrested in September 1975, in the Western District of Missouri. The probation officer then stated that Pattman had not reported that arrest nor had he requested permission to leave the Eastern District.

On appeal Pattman contends that he was not given adequate notice of the grounds for revocation and that he was denied the right of confrontation. The controlling standards are delineated in Morrissey v. Brewer, 408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972), and Gagnon v. Scarpelli, 411 U.S. 778, 93 S.Ct. 1756, 36 L.Ed.2d 656 (1973). Morrissey indicated that notice of the time, place and purpose of the preliminary hearing, as well as the alleged grounds for revocation, must be given. 408 U.S. at 486-87, 92 S.Ct. at 2602-03, 33 L.Ed.2d at 497-98. However, only with respect to the final revocation hearing is it clear that the notice must be in writing. Id. at 489, 92 S.Ct. at 2604, 33 L.Ed.2d at 499. Pattman was given actual notice before the preliminary hearing and written notice well in advance of the final hearing. He has not shown any prejudice due to the failure to give written notice prior to the preliminary hearing. The error, if any, was harmless.

Second, we hold that admission of the police report for the limited purpose of showing that Pattman had in fact been arrested ¹ was proper even though the arresting...