Charity Wierman v. Casey's General Stores

1The Honorable Scott O. Wright, United States District Judge for the Western
District of Missouri.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 10-2917
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United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the
v. * Western District of Missouri.
*
Michael D. Clemmons, * [UNPUBLISHED]
*
Appellant. *
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Submitted: November 22, 2010
Filed: March 14, 2011
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Before LOKEN, MURPHY, and BENTON, Circuit Judges.
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PER CURIAM.
Michael Clemmons appeals the judgment revoking his term of supervised
release and sentencing him to eighteen months in prison. He argues that the district
court 1 committed procedural error when, during the revocation hearing, the court
received a confidential sentencing recommendation from the probation officer. This
contention is without merit. See United States v. Davis, 151 F.3d 1304, 1306 (10th
Cir. 1998); United States v. Johnson, 935 F.3d 47, 51 (4th Cir. 1991). Clemmons,
who was represented by counsel at the hearing, raised no question whether the court

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had obtained from the probation officer, ex parte, factual evidence that should be
disclosed under Rule 32.1 of the Federal Rules of Criminal Procedure.
Accordingly, this court affirms the judgment of the district court. Counsel’s
motion to withdraw is granted, subject to counsel informing Clemmons about
procedures for seeking rehearing or filing a petition for certiorari.
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