Is there a JURY in Federal Supervised Release Revocation Hearings? Federal Probation Violation?

The panel affirmed the district court’s revocation of Jackson Daniel Bowers’ supervised release in a case in which Bowers argued that Article III, section 2 of the Constitution affords supervisees the right to a jury trial in revocation proceedings held under 18 U.S.C. § 3583(e). In Bowers’ view, Article III and the Sixth Amendment are independent from each other and the Sixth Amendment trial-by-jury rights are more limited than those rights under Article III. Joining the Seventh Circuit, the panel held that Article III’s jury provision and the Sixth Amendment are equivalent in scope. Although there are textual differences between Article III’s “all Crimes” and the Sixth Amendment’s “all criminal prosecutions,” Bowers’ reading of this difference is not supported by the history of Article III and the Sixth Amendment. History and precedent make clear that the Sixth Amendment was meant to complement Article III, section 2, not to supersede or compete with it. It follows that a right not triggered by the Sixth Amendment cannot be independently triggered by Article III.

Read the full case here: https://cdn.ca9.uscourts.gov/datastore/opinions/2025/03/04/23-902.pdf