122438P.pdf   03/25/2013  United States  v.  Ricky Johnson
   U.S. Court of Appeals Case No:  12-2438
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
   [PUBLISHED] [Shepherd, Author, with Wollman and Gruender, Circuit Judges]
   Criminal case - Criminal law. Defendant preserved his claim regarding
   his due process right to cross-examine adverse witnesses at his revocation
   of supervision proceeding by making specific and timely objections
   which gave the court an opportunity to prevent or correct the error; where
   the government produced no witnesses and simply had the probation
   officer read a police report into evidence, the process denied defendant
   the opportunity to cross-examine adverse witness, and the court erred in
   considering the facts contained in a police report read into evidence as a
   basis for revoking defendant's supervision; the government had a full and
   fair opportunity to present its case at the revocation proceeding, and the
   court would limit it to this "one bite at the apple;" the sentence is vacated
   and the matter is remanded for re-sentencing based on the existing record
   and without considering the contents of the police report previously read
   into evidence.