Opinion
5:21-po-00416-SAB
04-29-2022
UNITED STATES OF AMERICA, Plaintiff, v. RICHARD A. BURLESON, Defendant.
PHILLIP A. TALBERT United States Attorney JEFFREY A. SPIVAK Assistant United States Attorney MISDEMEANOR UNIT Attorneys for Plaintiff UNITED STATES OF AMERICA
PHILLIP A. TALBERT United States Attorney JEFFREY A. SPIVAK Assistant United States Attorney MISDEMEANOR UNIT Attorneys for Plaintiff UNITED STATES OF AMERICA
MOTION FOR EARLY TERMINATION OF PROBATION PURSUANT TO 18 U.S.C. § 3564(C); FED. R. CRIM. P. 32.1(C)(2)(B); AND ORDER
The United States Attorney, by and through Phillip A. Talbert, United States Attorney, and Jeffrey A. Spivak, Assistant United States Attorney hereby moves for an early termination of probation pursuant to 18 U.S.C. § 3564(c); and Federal Rules of Criminal Procedure, Rule 32.1(c)(2)(B).
On March 4, 2022, the Court sentenced Defendant to serve 90 days unsupervised probation to expire on June 4, 2022 (ECF No. 9). The conditions of Defendant's probation include payment of a fine in the amount of $150.00; payment of a special assessment in the amount of $10.00; and payment of a processing fee in the amount of $30.00 for a total financial obligation of $190.00 to be paid in full by April 29, 2022. The Court set a Probation Review Hearing for May 3, 2022, at 10:00 a.m. before Magistrate Judge Stanley A. Boone.
Defendant has paid the fine in full. (See ECF No. 12 (‘FINAL PAYMENT RECEIVED”).
The government respectfully request this Court to terminate probation pursuant to 18 U.S.C. § 3564(c); and Federal Rules of Criminal Procedure, Rule 32.1(c)(2)(A) (no hearing required if “relief sought is favorable to the person and does not extend the term of probation or of supervised release”).
ORDER
IT IS HEREBY ORDERED that Defendant's probation be terminated and that the Probation Review Hearing in this matter be vacated.
IT IS SO ORDERED.