United States District Court
United States of America, )
V. ) Case No. : ___________________
) Motion for Termination of
) Supervised Release
Now comes the Defendant, appearing Pro Se, who files this Motion and Memorandum of Law in Support of his Motion for Early Termination of Supervised Release.
under the authority provided by 18b U.S.C. § 3583 (e)(1), a United States district court has discretionary power to terminate a term of supervised release, the authority applies to any term of supervised release, regardless of length or underlying conviction. Pursuant to Rule 32.1 of the Federal Rules of Criminal Procedure, the Court may terminate and supervised release if it is satisfied that such termination is warranted by the conduct of the Defendant and is in the interest of justice. See 18 U.S.C. § 3583 (e)(1)
Title 18 U.S.C. § 3583 (e)(1), which grants this Court the authority to terminate Defendant’s supervised release, was made part of the original changes in post – conviction supervision bought on by the Sentencing Reform Act. The goal of this section is twofold: First, it rewards defendants who have demonstrated that the rehabilitative process has been successful and they are ready to reenter society; Second, it allows courts to free up resources of Probation Offices so that they may focus those resources on those defendants who need supervision.
The statute directs courts considering a notice for early termination to first determine if the defendant has served one year of his supervised release time, them to consider seven factors to determine if early termination is in the interest of justice. Those seven factors include : (1) the nature and circumstances of the offense and characteristics of the defendant; (2) need for deterrence ; (3) protection of public; (4) whether rehabilitative or correcting training is needed; (5) guideline factors and range in effect at sentencing; (6) pertinent Sentencing Commission statements; and (7) the need to avoid unwarranted sentencing disparities compared with similar defendants convicted of similar conduct. See United states v. Chapman, 827 F Supp. 369 (E.D. Va. 1993).
The Defendant has completed at least one year of supervise release in satisfactory fashion. A review of each of the seven factors set out above favors termination of the remainder of Defendant’s supervised release term. Defendant has complied with the terms of his release imposed by this Court, has been cooperative with the United States Probation Office, and has submitted to and passed any required drug and alcohol tests. Furthermore, the deterrent value of this case has been fully realized and there is no longer any need to keep Defendant on supervised release. Because Defendant presents no danger to the public and there is no further need for rehabilitative or corrective training, the interest of justice will be best served by ordering the termination of the Defendant’s supervise release.
In addition to the above, Defendant submits to this Court that his completion of the Bureau of Prisons’ Residential Drug abuse program (‘’RDAP’’) sets him apart from the typical release. While incarcerated Defendant completed a 500 hour community based treatment program focusing on addiction and life skills, utilizing cognitive behavioral therapy. Upon release Defendant completed Transitional Drug abuse Treatment portion of the BOP’s program and has continued his treatment on his own. Because of Defendant’s participation in completion of these BOP Programs, the Department of Justice has acknowledged that Defendant has worked to improve himself and has satisfied strict standards it places RDAP participants.
Defendant respectfully requests that this Court review his Motion and Memorandum and exercise discretion under 18 U.S.C. § 3583 (e)(1), to terminate the remainder of Defendant’s supervised release.
Certificate of Service
I certify that I have served a copy of this Motion on the United States Attorney’s Office by depositing a copy of the Motion in the U.S. Mail with proper postage affixed thereto.
_____ day of ____________, 20_____
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