Opinion
16 Cr. 247 (PAC)
03-02-2020
Re: United States v. Wilfredo Cabral
Southern District of New York Jennifer L. Brown Attorney-in-Charge
Federal Defenders OF NEW YORK, INC. David E. Patton Executive Director Southern District of New York Jennifer L. Brown Attorney-in-Charge BY ECF AND MAIL Honorable Paul A. Crotty
United States District Judge
Southern District of New York
500 Pearl Street
New York, NY 10007 Dear Judge Crotty:
I write on behalf of my client, Wilfredo Cabral, with the consent of his Probation Officer, Zondra Jackson, and the Government, to request that the Court order early termination from supervised release.
On May 17, 2017, the Court sentenced Mr. Cabral to 48 months imprisonment to be followed by two years of supervised release. As of the date of this filing, Mr. Cabral has completed 13 months of supervised release and has been in full compliance with all conditions imposed. He is currently under low intensity supervision and reports electronically to Probation Officer Jackson. Mr. Cabral has successfully reintegrated into society and is an ideal candidate for early termination from supervised release.
Legal Standard
The Court may terminate an individual's supervised release "at any time after the expiration of one year... if [the court] 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). To make this determination, courts are directed to consider "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)," essentially the same factors a court considers at sentencing. 18 U.S.C. § 3583(e).
Pursuant to this standard, courts have ordered early termination where a defendant has completed a substantial portion of his supervised release, complied with all relevant conditions, completed programming (such as drug treatment), and if he does not represent a danger to the community. See, e.g., United States v. Chaar, No. 00 Cr. 217 (JGK), 2005 WL 1844773, at *1 (S.D.N.Y. Aug. 3, 2005) (granting early termination where these conditions were met and supervision potentially interfered with work opportunities); United States v. Kapsis, No. 06 Cr. 827 (WHP), 2013 WL 1632808, at *1 (S.D.N.Y. Apr. 16, 2013) (finding early termination warranted based on changed circumstances, including the defendant's steady employment, successful completion of treatment, and lack of law enforcement contact); United States v. Jimenez, Nos. 99 Cr. 1110, 99 Cr. 1193, 2012 WL 3854785, at *2 (S.D.N.Y. Sep. 5, 2012) (granting early termination where defendant had only one year remaining, had performed well on supervised release, and was considering relocation to Florida).
Discussion
On January 31, 2017, Mr. Cabral pleaded guilty to conspiracy to distribute cocaine and heroin. On May 17, 2017, the Court sentenced Mr. Cabral as previously stated. As the Court will recall, Mr. Cabral did not have a significant criminal record when he pleaded guilty to the instant offense. He had one prior conviction for driving under the influence 15 years prior to his arrest in the instant matter. At the time of sentencing the Court commented, "I accept that, the fact that Mr. Cabral has learned his lesson and does not need specific deterrence . . . "See Sentencing Transcript at 11:11-13. ECF No. 69.
Mr. Cabral successfully completely one year of supervised release and was place on low intensity supervision which requires him to report electronically. He has been employed since his release from prison and is currently employed fulltime at Blink Fitness.
Mr. Cabral has the continued backing of his family and friends who have supported his reintegration into society.
Conclusion
Mr. Cabral's sentence has already met the goals set forth under 18 U.S.C. § 3553(a). Mr. Cabral is neither a threat to the community nor at risk of reoffending. Mr. Cabral's gainful employment and his law-abiding conduct make it clear that he has successfully reintegrated to community life and warrant an early termination of his supervision.
For all of these reasons and in the interest of justice, I ask the Court order early termination from supervised release.
Respectfully submitted,
/s/_________
Amy Gallicchio, Esq.
Assistant Federal Defender
212-417-8728 cc: AUSA Catherine Ghosh
P.O. Zondra Jackson (via email)