United States v. Daejon Putman ( 2022 )


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  •                   United States Court of Appeals
    For the Eighth Circuit
    ___________________________
    No. 22-2338
    ___________________________
    United States of America
    lllllllllllllllllllllPlaintiff - Appellee
    v.
    Daejon Putman
    lllllllllllllllllllllDefendant - Appellant
    ____________
    Appeal from United States District Court
    for the Northern District of Iowa - Eastern
    ____________
    Submitted: November 30, 2022
    Filed: December 5, 2022
    [Unpublished]
    ____________
    Before LOKEN, MELLOY, and STRAS, Circuit Judges.
    ____________
    PER CURIAM.
    The district court 1 sent Daejon Putman back to prison after he committed three
    supervised-release violations. He disputes two of them, claiming that one rested on
    improperly admitted hearsay and that he lacked the intent to commit the other.
    1
    The Honorable Linda R. Reade, United States District Judge for the Northern
    District of Iowa.
    Neither challenge succeeds. The admission of hearsay was harmless because
    Putman’s own admissions confirmed the relevant facts. See United States v. Black
    Bear, 
    542 F.3d 249
    , 255–56 (8th Cir. 2008). And it was not clearly erroneous for
    the district court to infer that he intended to permanently destroy a cellphone when
    he threw it onto a concrete parking lot from a second-floor balcony. See State v.
    Schminkey, 
    597 N.W.2d 785
    , 789 (Iowa 1999) (stating that theft under Iowa law
    requires “an intent to permanently deprive the owner of [her] property”); see also
    United States v. Petersen, 
    848 F.3d 1153
    , 1156 (8th Cir. 2017) (reviewing the factual
    findings underlying the decision to revoke supervised release for clear error). We
    accordingly affirm the judgment of the district court.
    ______________________________
    -2-
    

Document Info

Docket Number: 22-2338

Filed Date: 12/5/2022

Precedential Status: Non-Precedential

Modified Date: 12/5/2022