Sheldon Bains, who had previously pleaded guilty to possessing a firearm as a felon, was sentenced to 36 months in prison and three years of supervised release. After his release in May 2024, he violated multiple conditions, including failing to report to probation, missing a drug test, and possessing cannabis. Most significantly, he was arrested in January 2025 for simple and aggravated domestic battery. When his probation officer petitioned to revoke his supervised release, Bains challenged only the domestic battery violations at the hearing. The district court found that while the government failed to prove aggravated battery due to a lack of evidence regarding strangulation, the evidence was sufficient to prove simple domestic battery. The court imposed a six-month prison sentence and two years of supervised release. Bains then appealed, but his appointed counsel filed a motion to withdraw, asserting the appeal was frivolous under the standards set forth in Anders v. California.
The Seventh Circuit applied the Anders standard, which requires appointed counsel to conduct a thorough review of the record and file a brief pointing out anything that might arguably support the appeal. If no arguable issues exist, counsel may move to withdraw. The court reviewed the record and agreed with counsel that Bains had no arguable issues. First, regarding the admission of evidence, Bains argued the district court improperly relied on hearsay statements in body camera footage without making the required findings under Federal Rule of Criminal Procedure 32.1. However, the court found Bains had waived this challenge. By using the same footage to attack the victim's credibility during the hearing while failing to object to its admission, Bains made a calculated choice to remain silent on that procedural point, constituting a waiver. Second, regarding the sufficiency of the evidence, the court applied a clear error standard. Although the district court noted the victim did not testify and there was no physical evidence of strangulation, the court found the victim's demeanor and the arrest report supported the finding of simple battery. The court noted that the threshold for simple battery under Illinois law is low, noting that spitting on another can constitute a violation. The appellate court saw no clear error in the district court's conclusion that Bains made physical contact of an insulting or provoking nature. Finally, the court found the sentence was not frivolous to challenge, as the district court correctly calculated the guidelines range, weighed the statutory factors, and provided an adequate explanation for the sentence.
The appeal is dismissed, and the district court's judgment revoking supervised release and imposing the six-month sentence stands. The decision reinforces that defendants must timely object to evidentiary rulings during revocation hearings to preserve those issues for appeal. It also clarifies that a defendant's strategic decision to use evidence for one purpose while not objecting to its admission can result in a waiver of the right to challenge that evidence on appeal.
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