Harmless Frazier Error Where Independent Video Evidence Overwhelmingly Proves Supervised-Release Violations

Introduction

In United States v. Emmannuel Rodole Francois (11th Cir. Jan. 27, 2026) (unpublished), the Eleventh Circuit affirmed the revocation of Emmannuel Francois’s supervised release following a finding that he committed armed robbery and armed false imprisonment under Florida law—conduct that violated the supervised-release condition prohibiting the commission of new crimes.

The appeal centered on two issues: (1) whether there was sufficient evidence—under the preponderance of the evidence standard applicable in revocation proceedings—to find that Francois committed the Florida offenses; and (2) whether the district court violated United States v. Frazier, 26 F.3d 110 (11th Cir. 1994) by admitting the alleged victim’s out-of-court statements without conducting the required balancing of confrontation interests against the government’s reasons for nonproduction.

Summary of the Opinion

The Eleventh Circuit held that—even assuming the district court erred by not conducting an explicit Frazier balancing—any such error was harmless because independent, properly considered evidence (notably Ring surveillance videos and body-camera footage, along with identification testimony) overwhelmingly established that Francois more likely than not engaged in the conduct constituting the supervised-release violation.

The court further concluded that sufficient evidence supported the revocation: the videos placed Francois at the Airbnb, armed, in confrontation with the victim, and leaving immediately after a statement indicating the victim had escaped (“Who let that bitch leave?”), thereby demonstrating participation beyond mere presence.

Analysis

Precedents Cited

United States v. Frazier, 26 F.3d 110 (11th Cir. 1994)

Frazier supplies the controlling framework for hearsay in supervised-release revocation hearings. Although the Federal Rules of Evidence do not apply, hearsay is not “automatic.” The district court must: (1) balance the defendant’s interest in confronting adverse witnesses against the government’s asserted grounds for denying confrontation, and (2) ensure the hearsay is reliable.

Critically, Frazier also sets out the appellate safety valve applied here: failure to conduct the balancing test can be deemed harmless if other properly considered evidence overwhelmingly proves the supervised-release breach.
United States v. Reese, 775 F.3d 1327 (11th Cir. 2015)

Reese is cited for the proposition that the Sixth Amendment Confrontation Clause does not apply in revocation proceedings. That limitation frames the dispute: Francois’s protection arises from minimal due process and Rule 32.1—not the full trial rights associated with the Sixth Amendment.
United States v. Taylor, 931 F.2d 842 (11th Cir. 1991)

Taylor supplies the due-process reliability backstop: to establish a due process violation from hearsay admission, the defendant must show the evidence was materially false or unreliable. The panel used this principle to reject Francois’s credibility attack on the victim’s statements, emphasizing that independent video evidence corroborated the account.

Legal Reasoning

Revocation standard is low relative to trial.
Under 18 U.S.C. § 3583(e)(3), the district court may revoke supervised release if it finds by a preponderance of the evidence that a condition was violated. The court’s analysis repeatedly reflects that this is not a “beyond a reasonable doubt” proceeding; the question is whether the violation is more likely than not.
Confrontation rights exist, but as due-process/Rule 32.1 protections.
The opinion emphasizes that revocation hearings are not governed by the Sixth Amendment confrontation right (Reese), but defendants still possess “minimal due process” confrontation interests implemented by Fed. R. Crim. P. 32.1(b)(2)(C) (right to question adverse witnesses unless “the interest of justice” does not require appearance).
Assumed Frazier error; held harmless due to overwhelming independent evidence.
Francois’s principal procedural argument was that the district court admitted the victim’s statements without performing the required Frazier balancing. The Eleventh Circuit did not need to decide whether an adequate balancing occurred because it determined that any failure was harmless under Frazier itself.

The panel identified independent evidence establishing involvement: Ring videos showing Francois handling a firearm at 2:25 a.m.; entering the Airbnb at 4:58 a.m. with a pistol; disputing with the victim at 5:08 a.m. as she pleaded she was mistaken for someone else; and, at 7:00 a.m., leaving in a black vehicle after a statement suggesting the victim had escaped. This evidence—separate from the victim’s later narrative to police—was sufficient under the preponderance standard to support revocation and to render any hearsay admission error nonprejudicial.
“Mere presence” argument rejected as inconsistent with video and conduct.
Francois argued the footage showed only presence at the Airbnb. The court characterized the record as showing “some degree of active criminal participation,” including being armed, participating in the confrontation, and leaving with others in the immediate aftermath of the victim’s escape. That was enough to permit the district court to find the Florida offenses more likely than not occurred as alleged, for supervised-release purposes.
Reliability attack on the victim’s statements failed due to corroboration.
Francois attacked the victim’s credibility (her arrest history; timing/residency inconsistencies). The panel held that corroborating surveillance footage prevented Francois from establishing that the statements were “materially false or unreliable” within the meaning of Taylor.

Impact

Strengthening the “harmless” pathway in video-heavy revocations.
The decision illustrates how modern corroborative evidence (Ring cameras, body cameras) can independently satisfy the preponderance standard and insulate revocations from reversal even when the district court is challenged for not explicitly performing an on-the-record Frazier balancing.
Practical emphasis on independent corroboration over witness availability.
While Frazier requires balancing, this opinion signals that where objective footage ties the defendant to the victim, the location, and armed conduct, appellate courts may be less likely to reverse on procedural hearsay grounds—especially if the hearsay is cumulative of what the video already demonstrates.
Guidance for litigants.
For defendants, the case underscores that to win a due-process hearsay challenge in revocation proceedings, it is often not enough to show the court failed to recite the Frazier test; the defendant must also confront the harmlessness question by undermining the independent, non-hearsay proof. For the government, it highlights the strategic value of presenting reliable non-hearsay evidence to meet the preponderance threshold even if a key witness is absent.

Complex Concepts Simplified

Supervised-release revocation: A post-incarceration proceeding where a court decides whether a person violated conditions of supervised release and, if so, may impose additional imprisonment and supervision.
Preponderance of the evidence: The government must show the violation is more likely than not (i.e., greater than 50% likelihood), a lower standard than proof beyond a reasonable doubt.
Hearsay: An out-of-court statement offered to prove the truth of what it asserts (see the definition referenced in Fed. R. Evid. 801(c)). In revocation hearings, hearsay can be admitted if due-process constraints are met.
Frazier balancing: The required weighing of (1) the defendant’s interest in confronting and cross-examining the speaker against (2) the government’s reasons for not producing that speaker, plus a separate requirement that the hearsay be reliable.
Harmless error: Even if the court made a procedural mistake (like failing to conduct an explicit balancing), the decision stands if the remaining proper evidence is so strong that the mistake did not affect the outcome.

Conclusion

This opinion reinforces a pragmatic rule in Eleventh Circuit revocation practice: an arguable failure to conduct an explicit United States v. Frazier confrontation balancing will not warrant reversal where independent, reliable evidence—especially video—overwhelmingly establishes the violation under the preponderance standard. The case also reaffirms the doctrinal boundaries of revocation proceedings: no Sixth Amendment Confrontation Clause right (United States v. Reese), but meaningful minimal due process protections whose breach must matter to the outcome to justify relief.