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United States v. Bari

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Argued: February 23, 2010

Before: CABRANES and PARKER, Circuit Judges,and UNDERHILL, District Judge.*fn1

We consider whether the District Court for the Southern District of New York (Denny Chin, Judge) erred in considering during a supervised release revocation hearing information confirmed by its own Internet search. Defendant Anthony Bari appeals from the District Court’s March 11, 2009 judgment revoking Bari’s term of supervised release, imposed after an earlier conviction for bank robbery, and sentencing him principally to a term of thirty-six months’ imprisonment. During the supervised release revocation hearing, Judge Chin noted that his chambers “did a Google search” to confirm that “there are also lots of different rain hats . . . that one could buy.” A. 89a. On appeal, Bari argues that this independent Internet search violated Rule 605 of the Federal Rules of Evidence (“Rule 605″). We therefore consider (1) the extent to which the Federal Rules of Evidence (the “Rules”) apply in supervised release revocation hearings, and (2) whether the use of an Internet search to confirm the judge’s intuition about a fact not subject to reasonable dispute is grounds for reversal.

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