United States v. Cavanee

Full title: UNITED STATES OF AMERICA, Plaintiff, v. JOSHUA CAVANEE, Defendant.

Court: United States District Court, District of Utah

Date published: May 30, 2024

2:15-cr-00470-DN (D. Utah May. 30, 2024)

Opinion

2:15-cr-00470-DN

05-30-2024

UNITED STATES OF AMERICA, Plaintiff, v. JOSHUA CAVANEE, Defendant.

David Nuffer United States District Judge

MEMORANDUM DECISION AND ORDER DENYING REQUEST TO TERMINATE SUPERVISED RELEASE PRIOR TO ORIGINAL EXPIRATION DATE

David Nuffer United States District Judge

Defendant Joshua Cavanee (“Mr. Cavanee”) filed a Motion requesting early termination of his supervised release (“Motion”).¹ The government filed a Response opposing Defendant's Motion for Early Termination.² Mr. Cavanee filed a Reply.³ After Mr. Cavanee plead guilty to being a felon in possession of a firearm he was sentenced to 92 months of custody in the Bureau of Prisons and 36 months of supervised release.⁴

1 Motion, docket no. 78, filed January 26, 2024.

2 Response, docket no. 79, filed February 1, 2024.

3 Reply, docket no. 80, filed May 22, 2024.

4 Amended Judgement, docket no. 38, filed May 31, 2016.

BACKGROUND

Mr. Cavanee argues he has been compliant with all of the probation office's stipulations, and he has been violation free for 15 months.⁵ In response, the government argues that Mr.

5 Motion, at 1.

Cavanee has only completed a small portion of his supervised release since he was sentenced to 28 months of supervised release that began in June 2023. In his Reply, Mr. Cavanee states he wants early termination of his supervised release so he can work longer hours and make more money.

On February 22, 2023, a Final Revocation Hearing was held, and Mr. Cavanee admitted to 17 violations of supervised release which included: (1) failing to submit to at least five drug tests; (2) committing additional crimes by possessing drug paraphernalia and using methamphetamine; and (3) failing to attend substance abuse treatment.⁶ Mr. Cavanee's supervised release was revoked for these and other violations, and he was sentenced to eight months of custody with the Bureau of Prisons.⁷

6 Judgment in a Criminal Case, docket no. 75, filed February 24, 2023.

7 Id. at 3.

There is not sufficient successful history in Mr. Cavanee's supervision to permit termination of his supervision.

ORDER

After consideration of the relevant factors for early termination of supervised release, IT IS HEREBY ORDERED that Defendant's Motion is DENIED.