IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA, )
)
Plaintiff, )
)
v. ) 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
4
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:
(e) 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
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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]
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