IN THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF NEW YORK

 

UNITED STATES OF AMERICA, )

)

Plaintiff, )

)

  1. ) Case No. 1:14-cr-00758-PKC

)

[ENTER NAME], )           Judge Kevin Castel,

)

Defendant. )

 

MOTION FOR EARLY TERMINATION OF SUPERVISED RELEASE PURSUANT TO TITLE 18 U.S.C. §3583(e)(1)

 

COMES NOW Defendant [ENTER NAME], and respectfully requests that this Court terminate his supervised release pursuant to Rule 32.1 (c) of the Federal Rules of Criminal Procedure and 18 U.S.C. §3583(e)(1). Defendant has demonstrated exemplary post- conviction conduct during his period of supervision to this point and met all expectations set by the United States Probation Office. Accordingly, Defendant hereby moves the Court for an entry of an order terminating his supervised release. 

BACKGROUND

 

On or about [ENTER DATE], Defendant was charged in the United States District Court for the Southern District of New York, was sentenced, and was thereafter placed on supervised release. Defendant returned home to live and work. To this point, Defendant has been on supervised release for over two years now. As already stated, Defendant has completed all terms of his supervised release including mental health evaluation and treatment, drug abuse treatment, parenting courses. Defendant has also attained enough credits for an associate’s degree. He currently works for Merchant Assistance Group, LLC. His supervised release term is scheduled to end in one year’s time. 

Currently, Defendant is in Custody court for his son, who lives with him. The son’s mother has mental issues. Accordingly, Defendant asserts that it would be nice to NOT be on probation.

ARGUMENT

 

Under 18 U.S.C. § 3583(e)(1), the Court has the authority to grant early termination of a previously imposed term of supervised release. Section 3583(e)(1) provides:

  1. Modification of condition or revocation. The court may, after considering the factors set forth in Section 3553(a)(1), (a)(2)(B), (a)(2)(C), (a)(2)(D), (a)(4), (a)(5), (a)(6), and (a)(7)

 

  1. terminate a term of supervised release and discharge the defendant released at any time after the expiration of one year of supervised release, pursuant to the provisions of the Federal Rules of Criminal Procedure relating to the modification of probation, if it is satisfied that such action is warranted by the conduct of the defendant released and the interest of justice.

 

18 U.S.C. §3583(e)(1); see also Fed. R. Crim. Procedure 32.1(c)(1), (2)(B) & (C) (providing for hearings for modifications of supervised release, unless the result is favorable to the person supervised and the government does not object after notice).

As of the filing of this motion, Defendant will have successfully completed two years of his three years’ term of supervision, leaving him with a year remaining. Defendant has performed well during his period of supervised release: he has had no new contacts with law enforcement, and he has cooperated with the US Probation Office in any and every way that has been required of him. Defendant took his obligations to obey all conditions of his supervised release very seriously.

Despite his conviction, Defendant has made a positive contribution to the society. He is a hard worker. Not content to let the mistakes of his past determine his future, Defendant decided that he would forge ahead with his life and attained enough credits for an associate’s degree. He currently works for Merchant Assistance Group, LLC. This is particularly noteworthy given that doors for employment were often closed once a potential employer learned that the person seeking employment had a conviction.

Defendant is remorseful about the crime he did, but looks to a brighter future as he continues down this current path of enlightenment and productivity. The justice system could not ask for more from a person that has been punished.

Additionally, as already stated, Defendant is having a custody matter over his son. The mother has mental issues. Accordingly, the current limitations placed on him by his conditions of supervised release would prevent him from fully attending to the custody matter. Early release from his term of supervision will therefore be not only in the interest of justice, but also in the best interest of the Defendant’s son.

CONCLUSION

 

The exemplary performance demonstrated by Defendant during his period of supervised release warrants a reduction in his term. He respectfully moves this Court under 18 U.S.C. § 3583(e)(1) for early termination of his term of supervised release.

Respectfully submitted,

 

By: Signature                    

[ENTER NAME]

 

CERTIFICATE OF SERVICE

 

I hereby certify that on [ENTER DATE], I filed the foregoing with the clerk of the court using the CM/ECF system which sent the notification of filing to all counsel of record.

 

By: Signature                    

[ENTER NAME]

 

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