132595P.pdf   06/10/2014  United States  v.  Mandingo Simms
   U.S. Court of Appeals Case No:  13-2595
   U.S. District Court for the Western District of Arkansas - Ft. Smith   
   [PUBLISHED] [Loken, Author, with Bowman and Bye, Circuit Judges] 
   Criminal case - Criminal law. Concerning defendant's argument that the 
   district court violated his constitutional right to confront adverse 
   witnesses at his revocation of supervision hearing when the court 
   considered a 2010 police report the court did err in admitting the police 
   report containing hearsay statements of the victim, but the error was 
   harmless as the conviction was admitted into evidence and the court stated 
   it relied on another incident from 2012 in setting sentence; defendant 
   failed to object to admission of the 2012 police report regarding his 
   other incident and the issue was not preserved for review and admission of 
   the report was not plain error. Judge Bye dissenting.