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No. 15-4294
Appeal from the United States District Court for the Northern
District of West Virginia, at Clarksburg.
Irene M. Keeley,
District Judge. (1:09-cr-00081-IMK-JSK-1)
Submitted:
Decided:
January 6, 2016
PER CURIAM:
Eric
Wayne
Zuspan
appeals
the
district
court
abused
district
courts
judgment
its
discretion
when
it
admitted
We affirm.
revocation
hearing,
defendant
is
entitled
to
R.
Crim.
P.
balance
the
witness
against
32.1(b)(2)(C).
releasees
confrontation.
(4th Cir. 2012).
any
[T]he
interest
proffered
in
good
district
court
confronting
cause
for
an
must
adverse
denying
such
quotation
marks
omitted).
However,
unless
the
is
unavailable,
revocation hearings.
The
decision
to
hearsay
evidence
is
inadmissible
Id.
admit
hearsay
evidence
at
at
revocation
Doswell, 670
2010).
hearing,
the
proper
harmlessness
test
must
ensure
that
the
outcome,
reasonable
not
whether
doubt.
the
error
was
752
F.3d
Ferguson,
harmless
at
beyond
618
(internal
first
argues
that
the
district
court
abused
its
that
Zuspan
release.
Governments
evidence
violated
Moreover,
was
the
conditions
because
sufficient
we
without
of
his
conclude
the
the
hearsay
at 617.
Zuspan next challenges the district courts admission of
testimony about the results of a stores internal investigation
specifically, the finding that items were not scanned at the
register and the total cost of the unscanned items.
Zuspan
failed
to
object
below,
3
we
review
for
plain
Because
error.
United States v. Obey, 790 F.3d 545, 547 (4th Cir. 2015).
To
Id.
seriously
the
fairness,
integrity
or
public
marks omitted).
We conclude that any error in the admission of the stores
findings did not affect Zuspans substantial rights.
amount
of
restitution
loss
to
was
the
established
state
court.
by
Zuspans
Moreover,
the
First, the
payment
of
Governments
in
revoking
his
supervised
release
because
the
judgment
supervised
release
but
review
its
F.3d 370, 373 (4th Cir. 2015), cert. denied, __ S. Ct. __, 2015
WL 5937870 (U.S. Nov. 9, 2015) (No. 15-6499); United States v.
Copley, 978 F.2d 829, 831 (4th Cir. 1992).
18 U.S.C. 3583(e)(3)
[A] preponderance of the
that
Zuspan
intended
to
defraud
the
store.
Zuspan
admitted that he knew he was getting a break and that the clerk
was not scanning all of the items he purchased.
See
circumstances
of
the
transactions
is
circumstantial
evidence
his
probation
officers
promise
that
his
federal
However,
as
the
Government
5
argues,
the
probation
the
release
district
and
court
retained
had
authority
discretion
as
to
to
revoke
whether
to
supervised
accept
or
See 18
U.S.C. 3583(e)(3).
Accordingly, we affirm the district courts judgment.
dispense
with
contentions
are
oral
argument
adequately
because
presented
in
the
the
facts
We
and
legal
materials
before
this court and argument would not aid the decisional process.
AFFIRMED