United States v. Alvarez

Full title: United States, Plaintiff, v. Ruben Alvarez, Jr., Defendant.

Court: United States District Court, E.D. Michigan, Southern Division

Date published: Jun 6, 2023

18-cr-20126 (E.D. Mich. Jun. 6, 2023)

Opinion

18-cr-20126

06-06-2023

United States, Plaintiff, v. Ruben Alvarez, Jr., Defendant.

JUDITH E. LEVY, UNITED STATES DISTRICT JUDGE

David R. Grand Mag Judge

ORDER GRANTING DEFENDANT'S MOTION FOR EARLY TERMINATION OF SUPERVISED RELEASE [76]

JUDITH E. LEVY, UNITED STATES DISTRICT JUDGE

Before the Court is Defendant Ruben Alvarez's motion for early termination of supervised release. (ECF No. 76.) Defendant has spent approximately sixteen months on supervised release. (See Id. at PageID.310.) The government opposes Defendant's motion. (See ECF No. 81.) Defendant filed a reply brief. (ECF No. 82.)

Under 18 U.S.C. § 3583(e)(1), a court may “terminate a term of supervised release and discharge the defendant released at any time after the expiration of one year of supervised release . . . 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). In evaluating whether to terminate a defendant's term of supervised release, the Court considers “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).” 18 U.S.C. § 3583(e).

Defendant has fully complied with all terms of his supervised release and has stable employment at a pipe factory. (ECF No. 76, PageID.314-315.) He and his fiancee share an apartment and care for their two young children. (Id.) Defendant has had “[n]o new criminal activity, no positive drug tests, no missed appointments. He paid off all his financial obligations to the Court.” (Id. at PageID.315.) Moreover, Defendant is not in need of mental health services, job placement services, drug treatment services, or medication monitoring. (ECF No. 82, PageID.332-333.)

Therefore, after considering the briefs submitted by both parties, as well as the § 3553 factors, the Court is satisfied that Defendant's conduct and the interest of justice warrant early termination of Defendant's supervised release. 18 U.S.C. § 3583(e)(1). Accordingly, Defendant's motion for early termination of supervised release is GRANTED.

IT IS SO ORDERED.