United States v. Edward Eugene Penn

GODBOLD, Chief Judge:

Penn appeals from the judgment of the district court revoking his probation. His appeal raises two issues: whether the introduction of hearsay evidence during the revocation proceeding infringed on his constitutional right to confront and cross-examine witnesses, and, assuming the hearsay was admissible, whether the trial court abused its discretion in revoking probation. We find no error in admission of the hearsay and affirm the revocation order.

I. FACTS

In 1978 Penn pleaded guilty to theft of a check from the United States mails. He was placed on probation for five…